DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490

Docket No: 621-18             
Ref: Signature date 

Dear  :

This letter is in reference to your application for correction of your naval record pursuant to Title 10, United States Code, Section 1552. After careful and conscientious consideration of the entire record, the Board for Correction of Naval Records (Board) found the evidence submitted was insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied. 
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, sitting in executive session, considered your application on 20 March 2019.  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, relevant portions of your naval record, as well as applicable statutes, regulations, and policies. 

You enlisted in the Navy and began a period of active duty on 23 September 1985.  On 14 November 1985, you were granted a waiver for pre-service drug use and retained in the Marine Crops.  Your served for nine months without disciplinary incident but, during the period from 13 June 1986 to 18 August 1987, you received nonjudicial punishment (NJP) on three occasions.  Your offenses were dereliction in the performance of duties, wrongful use of marijuana, failure to go to your appointed place of duty, and drunken driving.  Subsequently, you were notified of pending administrative separation by reason of misconduct due to drug abuse at which time you waived your procedural rights to consult with legal counsel and to present your case to an administrative discharge board (ADB).  Your commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse.  The discharge authority approved the recommendation and directed separation under other than honorable conditions by reason of misconduct and on 16 October 1987, you were discharged. 

The Board carefully weighed all potentially mitigating factors, including your request to upgrade your discharge and that you are an oath keeper.  The Board concluded these factors were not sufficient to warrant relief in your case because of the seriousness of your misconduct that resulted in three NJPs and wrongful drug use in light of the Marine Corps’ policy of “zero tolerance.” The Board relies on a presumption of regularity to support the official actions of public officers and, in the absence of substantial evidence to the contrary, will presume that they have properly discharged their official duties.  There was no evidence in the record, and you provided none, of public officers not properly discharging their official duties.  The Board, in its review, discerned no material error or injustice in the discharge. 

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 matters. New matters are those not previously presented to or 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, 


6/17/2019