Docket No: 276-20 
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 you did not file your application 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 for Correction of Naval Records, sitting in executive session, considered your application on 27 July 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. 
 
You enlisted in the Marine Corps and began a period of active duty on 12 December 1979.  On 8 August 1980, you received a counseling entry (page 11) for poor attitude toward senior Enlisted personnel and the Marine Corps and opted not to make a rebuttal statement.  On 10 October 1980, you received a page 11 that read, in part:  “SNM has overcome attitude problem and has developed into an outstanding Marine.”  On 25 November 1981, you received nonjudicial punishment (NJP) for wrongful use of marijuana and were awarded forfeiture of pay and reduction in rank (RIR).  On 26 November 1981, you were counseled and advised that failure to take corrective action could result in administrative separation and/or judicial proceedings.  On 18 April 1983, you received a second NJP wrongful possession and use of marijuana and were awarded forfeiture of pay and RIR.  On 20 May 1983, you received a third NJP for disobeying lawful orders and were awarded forfeiture of pay, restriction, and extra duties.  On 26 May 1983, administrative discharge action was initiated by reason of misconduct due to drug abuse.  After being afforded all of your procedural rights, you waived them, and your case was forwarded to the separation authority for review.  Your commanding officer recommended that you receive an under other than honorable conditions (OTH) discharge and the separation authority approved your separation from the Marine Corps.  On 9 June 1983, you were discharged with an OTH characterization of service. 
 
You have requested that the Board upgrade your discharge to honorable or general (under honorable conditions).  You assert your service prior to “the unfortunate incidents that led to my OTH discharge was exemplary.  For three and a half years, my performance was excellent.  I received two promotions and outstanding evaluations.”  In support of your petition, you attached a personal statement detailing your work experience during high school and before you enlisted in the Marine Corps.  You wrote about your mistake of smoking marijuana and ruining your career.  Since your discharge you have been married for 30 years, are a father, grandfather, and homeowner.  You attend church and have held long-term employment.  Additionally, you wrote about your 92 year-old father’s honorable Air Force career.  Lastly, you attached 11 letters of character and support. 
 
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 three NJPs, two of which occurred after you had been warned about the potential for administrative separation.  With respect to your contentions, the Board noted you had served less than two years before your first of two drug-related NJPs, and although you were promoted twice, you were also reduced in rank to E-2 twice.  The Board noted your post-service accomplishments; however, there is no provision of law or in Navy regulations that allows for recharacterization of service due solely to the passage of time. 
 
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 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,