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

Docket No: 1696-20 
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 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 12 May 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 16 September 1985. On 27 February 1985, you signed the Marine Corps policy on drug abuse.  On 14 July 1987, you received nonjudicial punishment (NJP) for violation of a lawful order.  On 21 October 1987, you received NJP for unauthorized absence.  On 19 February 1988, you received NJP for violation of a lawful order.  On 10 March 1988, you received NJP for violation of a lawful order.  On 7 April 1988, you received NJP for wrongful use of amphetamines and methamphetamine.  Subsequently, administrative discharge action was initiated by reason of misconduct – drug abuse.  On 16 June 1988, you waived both counsel and your right to an administrative board.  After being afforded all of your procedural rights, your case was forwarded to the separation authority for review.  On 16 June 1988, your commanding officer (CO) recommended that you receive an other than honorable (OTH) characterization of service.  On 1 July 1988, the staff Judge advocate to the separation authority found the package legally sufficient.  On 1 July 1988, the separation authority concurred with your CO’s recommendation and directed that you be separated with an OTH discharge.  You received an OTH discharge on 29 July 1988. 

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and your assertion that at the time of your discharge, you were not thinking straight and would have requested treatment had you been thinking properly. The Board also considered your assertion that you might have finished your enlistment and made a career out of the Marines.  Finally, the Board considered your assertions that, since your discharge, you’ve maintained good standing and had no issues with drugs or alcohol, and that you are seeking an upgrade in order to be eligible for Department of Veterans Affairs (VA) benefits.  The Board concluded these factors and assertions were not sufficient to warrant an upgrade to the characterization of your service given your misconduct, which resulted in five NJPs.  The Board noted you waived your procedural rights in connection with your administrative separation.  By doing so, you gave up your first, and best, opportunity to advocate for retention or a more favorable characterization of service.
 
Regarding your contention that you need VA benefits, whether or not you are eligible for benefits is a matter under the cognizance of the VA, and you may contact the nearest office of the VA concerning your right to apply for benefits.  If you have been denied benefits, you may appeal that denial under procedures established by the VA.
 
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,