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

Docket No: 0729-20 
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 28 April 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 3 November 1987.  On 13 September 1988, you were convicted by general court-martial (GEN) for violating Article 112a (wrongful use of marijuana) and Article 134 (attempting to coerce a witness to give false testimony) of the Uniform Code of Military Justice (UCMJ).  You were sentenced to forfeiture of pay, confinement, and reduction in rank to E-1. On 21 February 1989, you received nonjudicial punishment (NJP) for failure to go to your appointed place of duty and possession of marijuana and were awarded forfeiture of pay, restriction, and extra duties.  Subsequently, administrative discharge action was initiated by reason of misconduct due to drug abuse.  On 11 May 1989, you were discharged with an other than honorable (OTH) characterization of service. 

You request the Board upgrade your discharge to honorable.  You assert that boot camp and MOS training went well.  However, after a year of drill weekends, you were still a private.  You claim you had some personal matters to attend to, so you attempted to change your drill weekend, but it was denied.  You were unhappy that you were still a private and that your request was denied, so you stopped going to drill weekends.  You claim you received a letter ordering you to report for active duty before a certain date to avoid being declared a deserter.  You were stationed at Camp Pendleton, and because you were a private you were assigned to guard and mess duty.  You were investigated by NCIS, but were not provided a defense lawyer because you were not charged.  You claim someone lied about getting drugs from you, and you were in pre-trial confinement for three months.  You claim the drug distribution charge was dropped as part of a plea agreement.  You pled guilty to marijuana use.  You were sentenced to time served and went back to duty.  Your discharge date was approaching, but you were told the 3 months in the brig did not count; therefore, out of frustration you began “smoking pot” and tested positive for marijuana. 

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.  The Board noted that you provided no evidence to support your contentions.  Absent such evidence, the Board relied upon the presumption of regularity and presumed that the officials acted in accordance with governing law/policy and in good faith.
 
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,