DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 9186-17 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 the entire record, the Board found the evidence submitted insufficient to establish the existence of probable material error or injustice. Consequently, your application has been denied. Although you did not file your application 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 for Correction of Naval Records, sitting in executive session, considered your application on 6 February 2019. 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, applicable statutes, regulations, and policies. You enlisted in the Marine Corps and began a period of active duty on 18 August 1980. On 12 March 1982, you received nonjudicial punishment for disrespect toward a non-commissioned officer. On 10 August 1980, you were counseled for an alcohol related incident on base, and warned that continued actions could result in disciplinary action or administrative separation. On 23 September 1982, you were counseled that you were not recommended for promotion due to two alcohol related incidents within six months. On 7 March 1983, you were counseled that you were not recommended for reenlistment due to sub-standard military appearance, alcohol involvement, and general lack of qualities necessary to be a Marine. On 8 March 1983, you were counseled for being out of uniform. On 18 April 1983, after testing positive for illegal substances through a random urinalysis, you admitted to the use of illegal drugs. Subsequently, you were notified of administrative discharge processing by reason of misconduct due to drug abuse. On 12 May 1983, the discharge authority directed an under other than honorable conditions characterization of service, and on 27 May 1983, you were discharged. The Board carefully weighed all potentially mitigating factors, such as your desire to have your discharge upgraded, contentions that you were having pay issues that caused difficulties for your family, your staff sergeant helped you fail a drug test so that you could obtain a discharge, and that you have never in your life used illegal drugs as proven by your employment with the same company for the past 24 years. The Board concluded these factors were not sufficient to warrant a change to your discharge given your documented in-service misconduct, to include the use of illegal drugs. With regard to your contentions, you did not provide any supporting documentation, nor was any found in your record. The Board, in its review, discerned no impropriety or inequity in the discharge. Regrettably, the circumstances of your case are such that favorable action cannot be taken. You are entitled to have the Board reconsider its decision upon submission of new and material evidence. New evidence is evidence not previously 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, 4/29/2019 Executive Director