Docket No: 7126-19 
Ref: Signature Date 


This 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 7 April 2020.  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 active duty on 18 August 1981. On 27 January 1982, you received nonjudicial punishment (NJP) for failure to obey a lawful order by having alcohol in the barracks and were awarded forfeiture of pay and restriction.  On 28 June 1982, you received a second NJP for unauthorized absence and were awarded forfeiture of pay, restriction, and extra duties.  From 12 July 1982 to 15 July 1982, you attended a drug and alcohol course.  On 27 August 1982, you received a third NJP for wrongful use of marijuana and were awarded forfeiture of pay, restriction, extra duties, and reduction in rank.  On 19 October 1982, you were counseled that any further deficiencies in conduct or performance could result in administrative separation and judicial proceedings.  From 8 June 1983 until 22 July 1983, you received inpatient alcohol rehabilitation treatment at Naval Hospital,.  On 16 January 1885, you received a fourth NJP for wrongful use of marijuana and were awarded forfeiture of pay, restriction, extra duties, and reduction in rank.  On 25 March 1985, you received a fifth NJP for breaking restriction and were awarded forfeiture of pay and restriction.  On 9 April 1985, administrative discharge action was initiated by reason of misconduct due to drug abuse.  After being afforded all of your procedural rights, you elected to have a hearing before an administrative discharge board (ADB).  On 14 May 1985, you began a period of UA that continued until 20 May 1985.  While you were UA, the ADB convened and had to be rescheduled.  On 21 May 1985, the ADB recommended that you be separated with an other than honorable (OTH) characterization of service.  On 31 May 1985, you were UA again until 10 June 1985.  On 19 June 1985, you were discharged with an OTH characterization of service.  On 14 January 1993, the Naval Discharge Review Board (NDRB) informed you of its decision denying your petition to have your discharge upgraded to honorable.  The NDRB determined your OTH was equitable and no change was warranted. 

You request the Board upgrade your discharge to honorable.  You assert the decision about your characterization of service was biased, that you finished first in your military occupational specialty training class, received a Meritorious Mast, were promoted, and assigned to Special Services for six months.  You claim your performance was good with minor discrepancies of UA and bringing beer in the barracks.  You state:  “Idid pop positive for marijuana in September of 1982 and admitted to using it.  I popped positive a second time in January 1985, but denied using it, as I never did again after I was disciplined.  I asked for a court-martial, but was given a second Article 15 and discharged.” In support ofyour petition, you attached a personal statement and a letter from the Department of Veterans Affairs (VA) informing you of their decision that your military service from 18 August 1981 to 19 June 1985 was found to be under honorable conditions for VA benefits.” 

The Board carefully weighed all potentially mitigating factors, such as your record of service and contentions and concluded these factors were not sufficient to warrant a change to your discharge given your misconduct that resulted in five NJPs, three of which occurred after you were warned about the potential for administrative separation.  The Board noted that you provided no evidence to support your contention about your second NJP for marijuana use.  Absent such evidence, the Board relied upon the presumption of regularity and presumed that the officials acted in accordance with governing law/policy and in good faith.  The Board concluded that you were properly discharged with an OTH discharge on 19 June 1985 due to misconduct (drug abuse).  Further, it appears that the Board of Veterans’ Appeals upgraded your discharge status to “Honorable” in order for you to receive VA benefits only.  This does not change or upgrade your characterization of service. 

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. 



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