Docket No: 7981-20 
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 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 26 February 2021.  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, 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 6 August 1982.  On 22 February 1983, you were qualified for the Order of the Blue Nose for crossing the  aboard the USS .  On 18 November 1983, you began a period of unauthorized absence (UA) which lasted one-hour and fifteen-minutes.  On 27 December 1983, you received nonjudicial punishment (NJP) for UA and disobeying a lawful order.  On 31 May 1984, you acknowledged an administrative remarks entry stating that you were not recommended for promotion because your lack of knowledge, and noncompletion of the Marine NCO MCI.  On 14 January 1985, you received a second NJP for wrongful possession of a controlled substance.  On 25 February 1985, you received a third NJP for wrongful possession of a controlled substance.  On 6 March 1985, you were notified of the initiation of administrative discharge processing (ADB) by reason of misconduct, at which point, you elected counsel and waived your procedural rights.  On 11 March 1985, your commanding officer (CO) recommended an other than honorable discharge by reason of misconduct-drug abuse.  On 19 March 1985, your administrative proceedings were determined to be sufficient in law and fact.  On 20 March 1985, the separation authority approved your discharge with an other than honorable, character of service by reason of misconduct.  On 26 March 1985, your CO recommended the revocation of your security clearance for cause-drug abuse.  On the same date, you were notified of your security clearance revocation proceedings.  On 27 March 1985, the security manager terminated your security clearance for cause-drug abuse.  Subsequently, you decided to not make a statement.  On 1 April 1985, you were discharged.  On 20 April 2015, the Board for Corrections of Naval Records (Board) denied your request for a discharge upgrade due to insufficient evidence.  

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 contention that you were young, naïve, and in denial about seeking treatment.  Additionally, you requested the “Blue Nose Ribbon”.  Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief.  Specifically, the Board determined that your repeated misconduct, as evidenced by your NJPs, outweighed these mitigating factors.  The Board noted you did not submit any documentation or advocacy letters to be considered.  In regards to your request for the “Blue Nose Ribbon,” you have not exhausted your administrative remedies for awards eligibility verification.  You will first have to petition the Marine Corps Awards Board.  They may be contacted by writing to Headquarters, U.S. Marine Corps, Military Awards Branch (MMMA), 2008 Elliot Road, Quantico, VA 22134.  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 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,