Docket No: 7993-20 
Ref: Signature date 

Dear : 
 
This letter 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 13 January 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, 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). 
 
The Board determined that your personal appearance, with or without counsel, would not materially add to their understanding of the issues involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 
 
You enlisted in the Marine Corps on 10 October 1980.  On 11 June 1982, you were convicted by a summary court-martial (SCM) for being absent from your place of duty, failing to obey an order, and for feigning an illness.  On 13 August 1982, you received nonjudicial punishment (NJP) for using marijuana.  On 4 October 1982, you received NJP for being absent from your place of duty on three instances as well as breaking restriction.  Your record is incomplete and does not contain all of the information pertaining to your separation from the Marine Corps.  Absent of 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.  Notwithstanding, based on the available information, it appears that you were processed for administrative separation by reason of misconduct due to drug abuse, and on 18 October 1982, your command was directed to discharge you with an other than honorable characterization of service.  On 29 October 1982, you were so discharged.  
 
The Board carefully considered all potentially mitigating factors to determine whether the interests of justice warranted relief in your case including in accordance with the Wilkie Memo.  These included, but were not limited to, your desire to upgrade your discharge and contention that your discharge was inequitable because it was based on an isolated incident and rumor.  You also contended that you were emotionally hurt, angry, and depressed, and that you started drinking excessively and felt that you were discriminated against because of your age.  You explained that when your urinalysis came back positive, you explained that you were at a party where there was a lot of smoke in the air from cigarettes and cigars and that, when you returned to your ship, someone said there was a rumor of your involvement in drugs.  Based upon its review, the Board concluded the potentially mitigating factors were insufficient to warrant relief.  Specifically, the Board determined that your repeated misconduct, as evidenced by your SCM and two NJPs, including one for use of marijuana, outweighed the 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,