Docket No: 3956-20 
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 was 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 14 September 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 28 December 1976.  On 23 February 1978, nonjudicial punishment (NJP) was imposed on you for Disobedience of a Regulation.  On 22 May 1978, NJP was imposed on you for Dereliction of Duty.  On 6 October 1980, NJP was imposed on you for being absent from your appointed place of duty.  On 11 December 1980, NJP was imposed on you for again being absent from your appointed place of duty.  On 22 March 1988, you were convicted at a Summary Court-Martial (SCM) of Wrongful Use of Marijuana.  Subsequently, administrative separation action by reason of Misconduct due to Drug Abuse, was initiated against you.  On 20 May 1988, you consulted counsel and requested an administrative board.  On 19 July 1988, an administrative board found a basis for your separation and recommended administrative separation under other than honorable (OTH) conditions.  On 1 August 1988, the Separation Authority directed your administrative separation under OTH conditions.  On 21 April 1988, you were so discharged.   
 
You requested an upgrade of your discharge characterization.  You stated that an upgrade will re-set your educational benefits from Vietnam Era GI Bill.  You also asserted that the chain of command committed material errors by considering matters from previous enlistments with regard to characterization.  You also asserted the Commanding General directed that you be offered Veterans Affairs (VA) drug treatment and that direction was disregarded.  Finally, you asserted the company commanding officer’s recommendation for administrative discharge referred to offenses from prior enlistments.  The Board concluded these factors and assertions were not sufficient to warrant a change to your discharge given your misconduct, which included several NJPs and a SCM conviction for drug use.  The Board noted that an administrative board considered your case and recommended an OTH.  The Board also noted that the VA is able to waive the restrictions of an OTH discharge to offer treatment, on a case by cases basis.   
  
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,