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

Docket No: 5221-21 
Ref: Signature Date 
 

Dear Petitioner: 
 
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 13 September 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). 
 
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 U.S. Marine Corps and began a period of active duty on 14 July 1982.  From 3 December 1984 to 17 December 1984, you were in an unauthorized absence (UA) status totaling 14 days.  On 18 December 1984, you received a counseling entry concerning your illegal use of drugs and controlled substances.  On 20 December 1984 you commenced a second period of UA lasting until you surrendered on 21 January 1985 (32 days).  On 25 January 1985, you received a summary court-martial (SCM) for two specifications of UA and for wrongful use of marijuana.  You were sentenced to confinement at hard labor for 30 days, to forfeit $412.00 pay per month for one month, and to be reduced in rank to E-1.  Six days later, on 31 January 1985, you received non-judicial punishment (NJP) for wrongful possession and wrongful use of cocaine.  You were again counseled concerning your illegal use of cocaine.   
 
On 31 January 1985, as a result of your repeated misconduct, you were notified of pending administrative separation by reason of misconduct, drug abuse, at which time, you waived your right to consult with counsel and did not elect to submit a statement 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 18 March 1985, the staff judge advocate found these proceedings sufficient in law and fact.  On 25 March 1985, the discharge authority concurred with your Commanding Officer’s recommendation and directed you be discharge by reason of misconduct, drug abuse.  On 25 March 1985, you were discharged with an other than honorable characterization of service.   
 
The Board carefully reviewed your application and 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 desire to upgrade your characterization of service based on your contentions that you had addiction problems that were not dealt with.  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 SCM and NJP, 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, 
09/27/2021
Executive Director