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

Docket No: 9406-17               
Ref: Signature date 


This letter 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 for Correction of Naval Records (Board) found the evidence submitted was 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 12 March 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, as well as applicable statutes, regulations, and policies. 

You enlisted in the Marine Corps on 23 September 1980.  On 27 December 1982, your command directed that you be separated for failure to conform to weight standards.  Before the separation could be executed, however, you were referred to a special court-martial (SPCM) on 28 January 1983 for possession of marijuana and wrongful distribution of marijuana. You then were in an unauthorized absence (UA) status for 728 days.  You submitted a written request for discharge with an other than honorable (OTH) characterization of service to avoid trial by court-martial for UA.  Your request was granted and, on 3 May 1985, you received an OTH discharge. 

The Board carefully weighed all potentially mitigating factors, such as your contentions that you were discharged due to medical reasons and your performance and conduct were in keeping with high military standards.  The Board noted that the record contains evidence contrary to your contentions.  Although your command tried to separate you for noncompliance with weight standards, before that could be accomplished you were charged with a drug offense and then went UA for almost two years, which was terminated only once you were apprehended by military authorities.  Consequently, the Board found no error or injustice in your OTH discharge. 

It is regretted that 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 matters.  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, 


6/4/2019