DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 4029-14
29 April 2015
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10 of the United
States Code, section 1552.
Although your application was not filed in a timely manner, the
Board found it in the interest of justice to waive the statute of
limitations and consider our application on its merits. A
three-member panel of the Board for Correction of Naval Records,
sitting in executive session, considered your application on
20 April 2015. The names and votes of the members of the panel
will be furnished upon request. Your allegations of error and
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board. Documentary material considered by the Board consisted of
your application, together with all material submitted in support
thereof, your naval record, and applicable statutes, regulations,
and policies.
After careful and conscientious consideration of the entire
record, the Board found the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Marine Corps and began a period of active
duty on 5 October 1981. You served for two years and four months
without disciplinary incident, but on 9 March 1984, you were
convicted by summary court-martial of wrongful possession and use
of marijuana.
Subsequently, you were notified of pending administrative
separation processing with an other than honorable (OTH)
discharge by reason of misconduct due to drug abuse. You elected
to consult with legal counsel and subsequently requested an
administrative discharge board (ADB). The ADB found that you had
committed misconduct and recommended that you be discharged under
OTH conditions by reason of misconduct due to drug abuse. The
separation authority directed an OTH discharge by reason of
misconduct due to drug abuse. On 9 August 1984, you were so
discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your desire to upgrade your discharge. Nevertheless, the Board
concluded these factors were not sufficient to warrant relief in
your case because of the seriousness of your misconduct.
Further, there is no provision of law or in Marine Corps
regulations that allows for recharacterization of service due
solely to the passage of time. Accordingly, your application has
been denied.
It is regretted that the circumstances of your case are such that
favorable action cannot be taken. You are. entitled to have the
Board reconsider its decision upon submission of new and material
evidence within one year from the date of the Board’s decision.
New evidence is evidence not previously considered by the Board
prior to making its decision in your case. In this regard, it is
important to keep in mind that a presumption of regularity
attaches to all official records. Consequently, when applying
for a correction of an official naval record, the burden is on
the applicant to demonstrate the existence of probable material
error or injustice.
Sincerely,
ROBERT J. O'NEILL
Executive Director
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