DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 2153-21 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 14 June 2021. The names and votes of the panel members will be furnished upon request. Your request for clemency was 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 U.S. Marine Corps and began a period of active duty on 9 May 1980. On 10 August 1980, you received drug and alcohol abuse training. On 11 January 1982, you were counseled for your tardiness. This was followed by a separate counseling on 25 March 1982, where you were not recommended for advancement due to prior tardiness, immaturity, irresponsibility, and lack of attention to duty. On 7 May 1982, you received Non-Judicial Punishment (NJP) for willfully violating a lawful regulation by using marijuana. Ten months later, on 25 March 1983, you tested positive for cannabinoid; a chemical compound found in marijuana. You were reduced in rank to E-1 due to professional incompetency as evidenced by your positive urinalysis. On 3 May 1983, as a result of your repeated misconduct, you were notified of pending administrative separation by reason of misconduct, drug abuse, at which time, you consulted with counsel and did not elect to submit matters on your behalf. Further, you were notified of the commanding officer’s intent to recommend to the discharge authority that you be discharged with an other than honorable characterization of service for misconduct, drug abuse. On 25 July 1983, the discharge authority concurred with your Commanding Officer’s recommendation and directed you be discharge by reason of misconduct, drug abuse. On 11 August 1983, you were discharged with an other than honorable characterization of service. You contend that with the exception of two positive drug urinalysis tests you served 90% of your enlistment honorably. You add that you were never caught with any drugs on you - or while coming through the gate -during your service in the Marine Corps. You further contend you were “ratted on,” the drug paraphernalia found in the office desk belonged to someone else, your drug tests were the result of second hand smoke, and that, at the time, drug tests and chain of custody were very inaccurate. The Board viewed your allegations with serious concern. However, this Board is not an investigating agency nor does it have the resources to investigate unsubstantiated allegations. 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 contentions noted above, and desire to upgrade your discharge. 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 NJP, and administrative separation processing by reason of an additional drug related offense, 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 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 is attached 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, 6/23/2021 Executive Director