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

Docket No: 7919-18 Date:
Ref Signature

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 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
11 September 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, together with all material submitted in support thereof, relevant portions of your naval record, applicable statutes, and regulations and policies.

You enlisted in the Marine Corps and began a period of active service on 12 October 1983.  On 7 May 1985, you received non-judicial punishment (NJP) for wrongful use of marijuana.  On 10 March 1986, you received your second NJP for wrongful use of cocaine and marijuana. On 14 April 1986, you were notified of the initiation administrative proceedings to separate you from the naval service by reason of misconduct-drug abuse, at which point, you waived counsel and your procedural rights. On 5 May 1986, your administrative separation proceedings were determined to be sufficient in law and fact. On 6 May 1986, the separation authority approved and directed your discharge. You were discharged on 21 May 1986, with an other than honorable (OTH) characterization of service by reason of misconduct due to a pattern of misconduct drug abuse.

The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge and your contention that, although you were guilty of drug use, you were addicted to drugs beyond your control. You also state that you are a productive member of society, and you have been drug free for the last 25 years.  The Board noted that all service-members separated for drug abuse are screened for drug dependency and provided the option of treatment prior to separation. There is no documentation in your record, and you submitted none, that shows you were drug dependent. The Board concluded there is insufficient evidence to warrant relief in your case given your pattern of drug-related misconduct, which resulted in two NJPs. Accordingly, the Board concluded the seriousness of your misconduct outweighed your desire to upgrade your 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 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,