Docket No: 1346-20
Ref: Signature Date                
                                                                                                    
Dear  : 
 
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 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 4 November 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, and applicable statutes, regulations, and policies. 
 
Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issue(s) involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 
 
You enlisted in the Marine Corps and began a period of active duty on 1 September 1983.  You received non-judicial punishment (NJP) on 26 July 1984, for unauthorized absence (UA) from your appointed place of duty, and failure to obey a lawful order.  On 27 February 1986, you received NJP for wrongful use of marijuana, and you were counseled regarding your marijuana use.  On 4 April 1986, you were counseled regarding your misconduct.  On 11 April 1986, you received NJP for two specifications of violation of a lawful order.  On 9 May 1986, you received your third NJP for willful disobedience of a lawful order, and wrongful use of marijuana.  As a result of the foregoing, you were notified of the initiation of administrative separation proceedings by reason of misconduct due to drug abuse, and misconduct due to minor disciplinary infractions.  On 14 May 1986, you elected to consult with counsel and waived your right to a hearing before an administrative discharge board.  On 30 May 1986, the discharge authority approved and directed your discharge with an other that honorable characterization of service by reason of misconduct due to drug abuse.  On 19 June 1986, you were so discharged. 
 
In reviewing your separation and characterization of service, the Board considered the totality of the circumstances to determine whether relief is appropriate today in the interests of justice in accordance with guidance provided by the Under Secretary of Defense for Personnel and Readiness (Wilkie Memo of 25 July 2018).  The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge, contention of youth which influenced your drug use.  You expressed regret for your actions and contend you have helped your community as a Pastor.  The Board also reviewed the advocacy letters you submitted with you application.  The Board commends your positive post service conduct and contributions to your community.  However, even considering these potentially mitigating factors in accordance with the above referenced guidance, the Board concluded that your desire to upgrade your discharge was not enough to outweigh your misconduct. 
 
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,