DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SIN
pee No: 4382-14
20 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
tates 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 your application on its merits. A
three-member panel of the Board for Correction of Naval Records,
sitting in executive session, considered your application on
15 April 2015. The names sea votes of the members of the panel
will be furnished upon request. Your allegations of error and
injustice were reviewed in accordance with administrative
eel
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 en
record, the Board found the evidence submitted was i
to establish the existence of probable material error
injustice.
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icient
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You enlisted in the Marine Corps and began a period of active
duty on 6 August 1982. The Board found that you received three
nonjudicial punishments (NJPs), two of which were for wrongful
use of marijuana. Subsequently, administrative discharge action
was initiated by reason of misconduct due to wrongful drug use.
You waived your rights to consult counsel, submit a statement, or
have your case heard by an administrative discharge board (ADB).
Your case was forwarded to the separation authority recommending
that you receive an other than honorable discharge (OTH)
discharge by reason of misconduct. The separation authority
concurred and you received an OTH discharged on 1 April 1985.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your record of service, character letter, and desire to change
your discharge. Nevertheless, based on the information currently
contained in your record, the Board concluded these factors were
not sufficient to warrant changing your characterization of
service given your three NUJP’s, two of which were for wrongful
drug use. Accordingly, your application has been denied.
Zz
It is regretted that the circumstances of your case are such that
favorable action cannot be taken. You are entitled to have the
Board? reconsidér 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.
Singeyely
OBERT J. O’NEILL
Executive Director
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