Docket No: 7818-18 
Ref:  Signature Date 

Dear: 
 
This is in reference to your application of 19 July 2018 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 that 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 25 November 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, and applicable statutes, regulations, and policies. 
 
You enlisted in the Marine Corps and began a period of active duty on 20 October 1987.  During the period from 24 December 1987 to 6 December 1989, you received four non-judicial punishments (NJPs) for wrongful use of amphetamine/methamphetamine, misbehavior of a sentinel, and failure to go to your appointed place of duty.  Additionally, you were counseled concerning your past and present performance, one time involvement with drugs, and peer pressure associated with it.  On 16 May 1990, you submitted a written request for an undesirable discharge for the good of the service in order to avoid trial by court-martial for 32 days of unauthorized absence, wrongful use of amphetamine/methamphetamine and wrongful use of marijuana.  You admitted to the charges and acknowledge that, if approved, you would be discharge with an under other than honorable (OTH) characterization of service.  Prior to submitting this request for discharge, you conferred with a qualified military lawyer, were advised of your rights, and warned of the adverse consequences of accepting such a discharge.  Subsequently, your request for discharge was granted and on 11 July 1990, you received an OTH characterization of service in lieu of trial by court-martial.   
 
Your request was fully and carefully considered by the Board in light of the Secretary of Defense’s 3 September 2014 memorandum, “Supplemental Guidance to Military Boards for Correction of Military/Naval Records Considering Discharge Upgrade Requested by Veterans Claiming Post Traumatic Stress Disorder,” the 25 August 2017 memorandum, “Clarifying Guidance to Military Discharge Review Boards and Boards for Correction of Military/Naval Records Considering Requests by Veterans for Modification of their Discharge Due to Mental Health Conditions, Sexual Assault, or Sexual Harassment,” and the 25 July 2018 memorandum, “Guidance to Military Discharge Review boards and Boards for Correction of Military/Naval Records Regarding Equity, Injustice, or Clemency Determinations.” 
 
The Board carefully weighed all potentially mitigating factors in your case, including your record of service, and desire to upgrade your discharge.  The Board also considered your assertions that you have suffered from a mental health issue for over 27 years due to receiving an OTH discharge, and you feel you have earned the right to receive Department of Veterans Affairs (VA) services.  Additionally, that you were caught with a little bit of meth during the separation interview, were asked to give up names of who was doing and selling drugs, and if you gave up the names, you would receive an honorable discharge.  However, you refused to give up the names, and received an OTH discharge.  You feel it was unjust to be bribed and not given an honorable discharge.  The Board concluded these factors and assertions were not sufficient to warrant recharacterization of your discharge given your misconduct, which resulted in four NJPs, one of which was for wrongful drug use, and your request for discharge in order to avoid a court-martial.  The Board believed that considerable clemency was extended to you when your request for discharge was approved. 
 
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 the submission of new matters, which will require you to complete and submit a new DD Form 149.  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,