DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 4434-20 Ref: Signature Date Dear This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code. After careful and conscientious consideration of relevant portions of your naval record and your application, the Board for Correction of Naval Records (Board) found the evidence submitted 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 14 December 2020. The names and votes of the panel members 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 the 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, to include the 25 July 2018 guidance from the Under Secretary of Defense for Personnel and Readiness regarding equity, injustice or clemency determinations (Wilkie Memo). You enlisted in the Marine Corps and began a period of active duty on 28 November 1979. On 25 March 1980, you received nonjudicial punishment (NJP) for possession of marijuana. During the period from 16 October to 20 November 1981, you were counseled on three occasions concerning your possession of drug paraphernalia, having live ammunition in you locker, and testing positive for marijuana use. Additionally, you were placed in a Urinalysis Screening Program and warned that further drug use could result in administrative separation due to unsuitability or misconduct. On 18 February 1982, you were convicted by summary court-martial (SCM) of possessing a trace amount of marijuana and operating a vehicle while intoxicated. During the period from 2 April to 6 August 1992, you received three NJPs for disobeying a lawful order by having beer in the barracks, three instances of failing to go to your appointed place of duty, using derogatory words, and two days of unauthorized absence. On 16 August 1982, you successfully completed a 12-day Drug Education Course. On 17 August 1982, you were counseled concerning your continued involvement of a discreditable nature with military authorities, and that you could receive an other than honorable discharge. On 3 December 1982, you were informed that you were not eligible for reenlistment, released from active duty with a general characterization of service, and transferred to the Marine Corps Reserve. You assert you received a general discharge due to failing a drug test early in your career due to marijuana use. You further assert you worked hard to complete the tasks assigned to you and prove to yourself and others that you were worthy of being in the Marine Corps. You state you worked hard to overcome your use of marijuana and have been drug free for the past 32 years. Further, you feel that when employers and others see your general discharge, they assume you had a problem with authority, and an honorable discharge would more accurately characterize your time in the Marine Corps and reflect the hard worker that you were during that time. Characterization of service is based in part on conduct marks assigned on a periodic basis. Your conduct average was 3.5. At the time of your service, a conduct average of 4.0 was required to be considered for an honorable characterization of service. The Board carefully considered all potentially mitigating factors to determine whether the interests of justice warrant relief in your case in accordance with the Wilkie Memo. These included, but were not limited to, your desire to upgrade your discharge, your post-service accomplishments, and assertions noted above. Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief. Specifically, the Board determined that your misconduct, as evidenced by your four NJPs and SCM, outweighed these mitigating factors. Accordingly, given the totality of the circumstances, the Board determined that your request does not merit relief. 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, Executive Director