DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

SMW
Docket No: 6985-07
27 March 2008

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.

A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 26 March 2008. 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.

On 16 October 1980, you reenlisted in the Marine Corps at age 27 after two prior periods of honorable service. On
8 June 1982, you were counseled regarding your tardiness. On 14 March 1983, you were counseled regarding deficiencies in your performance and conduct and warned that further infractions could result in an other than honorable (0TH) discharge. On 25 February 1984, you had nonjudicjal punishment (NJP) for use of marijuana. Punishment included a reduction in rank, forfeitures of pay, and restriction. On 17 July 1984, you were assigned to the urinalysis surveillance program. On 30 August 1984, you were counseled after you completed the urinalysis surveillance program and warned that further infractions could result in administrative separation.
On 17 May 1985, you had NJP for use of marijuana. Punishment included a reduction in rank, forfeitures of pay, and suspended restriction.

On 11 June 1985, your commanding officer initiated administrative separation by reason of misconduct due to drug abuse. In connection with this processing, you acknowledged that separation could result in an 0TH discharge and waived the right to have your case heard by an administrative discharge board (ADB). On 21 June 1985, the separation authority approved the separation recommendation and directed an 0TH discharge by reason of misconduct due to drug abuse. On 2 July 1985, you were so discharged.

The Board, in its review of your entire record and application, carefully weighed all potential mitigation, such as your prior periods of honorable service. The Board also considered your contention of unreliable drug tests. Nevertheless, the Board concluded that these factors were not sufficient to warrant recharacterization of your discharge or reinstatement of your rank due to the seriousness of your misconduct. Regarding your contention, there is no evidence in the record to substantiate your contention of unreliable drug tests. Finally, the Board noted that you waived the right to have your case heard by an ADB, your best opportunity for retention or a more favorable characterization of service. Therefore, the Board concluded that the discharge was proper as issued and no change is warranted. Accordingly, your application has been denied. The names and votes of the members of the panel will be furnished upon request.

The Board noted that as a result of your prior periods of honorable service, you may be eligible for veterans’ benefits. You should contact the nearest office of the Department of Veterans Affairs if you desire clarification about your eligibility for those benefits.

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 or other matter not previously considered by the Board. 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,

W. DEAN PFEIFFER
  Executive Director