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

Docket No: 9492-18 
Ref: Signature date 

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 25 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, as well as applicable statutes, regulations, and policies. 

You enlisted in the Marine Corps and began a period of duty on 21 June 1989.  As part of your enlistment documentation, on 8 November 1988, you acknowledged and signed the Navy’s drug and alcohol abuse statement of understanding.  During the period from 2 August 1991 to 10 April 1992, you received nonjudicial punishment (NJP) on three occasions.  Your offenses included wrongful appropriation, unauthorized absence (UA) from your unit for periods totaling 74 days (with one period of desertion terminated by apprehension), and admitted wrongful use of marijuana.  Subsequently, you were notified of pending administrative separation because of misconduct due to drug abuse and commission of a serious offense (desertion), at which time you were advised of, and waived, your procedural rights, including your right to present your case to an administrative discharge board (ADB).  Your commanding officer “strongly recommended” that you be discharged with an other than honorable (OTH) characterization of service by reason of misconduct due to drug abuse.  The discharge authority approved the recommendation and directed separation under OTH conditions.  On 22 April 192, you were so discharged.  The Naval Discharge Review Board (NDRB) reviewed your application to upgrade your discharge and, on 6 July 1995, determined that your discharge was proper as issued and that no change was warranted.   

The Board carefully weighed all potentially mitigating factors in your case, including your contention that you your drug test was negative for any illegal substances and that you were given a discharge because you chose not to reenlist.  However, the Board concluded that these factors were insufficient to warrant relief in your case because of the seriousness of your misconduct that resulted in three NJPs, UA from your unit for periods totaling over two months (one for 46 days which ended only when you were apprehended by civil authorities), and wrongful drug use in light of the Navy’s policy of “zero tolerance.”  Moreover, you waived your right to an ADB, and thereby forfeited your best opportunity to receive a better characterization of service.  Regarding your contentions, 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.  You admitted to using an illegal substance and to the knowledge that such use was directly counter to Navy policy which was enough for a non-recommendation for reenlistment.   

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, 


10/24/2019