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


Docket No. 8284-20 
Ref: Signature Date 

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 case on its merits.  A three-member panel of the Board, sitting in executive session, considered your application on 21 January 2021.  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, 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). 

A review of your record shows that you enlisted in the Navy Reserve in December 1988 but was released with an uncharacterized entry level separation on 2 February 1989 after testing positive on the drug and alcohol screening.  You subsequently enlisted in the Marine Corps and entered active duty in September 1992 but were discharged for drug abuse on 20 January 1994 with an Other than Honorable characterization of service.
 
The Board carefully considered your arguments that you deserve an upgrade to your characterization of service. You assert that you were pending a medical discharge when you were accused of wrongfully using drugs.  Unfortunately, the Board determined there was insufficient evidence to overcome the presumption of regularity in your case. 
The Board relies on a presumption of regularity to support the official actions of Department of Navy personnel and, in the absence of substantial evidence to the contrary, will presume that they have properly discharged their official duties.  In your case, the Board was hampered by the lack of records to substantiate your claims that you did not test positive or that you were pending a medical discharge.  Absent evidence to the contrary, the Board relied on the presumption of regularity to conclude that the preponderance of the evidence supports your Other than Honorable characterization of service based on your drug abuse while in the Marine Corps. Accordingly, the Board found insufficient evidence of error or injustice to warrant a change to your record.  

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,