Docket No: 10093-18 
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 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 6 November 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, relevant portions of your naval record, as well as applicable statutes, regulations, and policies. 
 
You enlisted in the Marine Corps and began a period of active duty on 30 September 1977.  You subsequently completed this enlistment with an Honorable characterization of service on 21 September 1981 and reenlisted on 22 September 1981.  During the period from 25 May 1982 to 15 September 1982, you received three non-judicial punishments (NJP) for failure to go to your appointed place of duty, failure to obey a lawful order on two occasions, drunk and disorderly, assault, and failure to report to your appointed place of duty on three occasions.  As a result of a command directed urinalysis on 12 August 1983, you tested positive for marijuana.  Subsequently, on 21 September` 1983, you were notified of pending administrative separation action by reason of misconduct due to pattern of misconduct and drug abuse, you elected your procedural right to consult with legal counsel and, after consultation, you waived your right to present your case to an administrative discharge board (ADB).  Your commanding officer (CO) recommended administrative discharge with an other than honorable (OTH) characterization of service.  The staff judge advocate determined that the proceedings were sufficient in law and fact to support administrative discharge.  The discharge authority approved the CO’s 
recommendation and directed discharge with an OTH characterization of service by reason of misconduct due to drug abuse.  On 20 October 1983, you were so discharged. 
 
The Board carefully weighed all potentially mitigating factors in your case, including your request to upgrade your discharge.  The Board considered your contention that this was your first infraction for drug abuse; you had no further convictions for drug abuse.  You had a full four-year enlistment prior.  The Board concluded these factors were not sufficient to warrant relief in your case because of the seriousness of your misconduct, which resulted in three NJPs and your positive urinalysis test for wrongful drug use.  The Board noted you were given an opportunity to defend yourself, but waived your procedural right to present your case to an ADB.  In doing so, you gave up your opportunity to advocate for retention or a more favorable characterization of service while more evidence was available. 
 
In regard to your contention, despite a service member’s prior record of service, certain serious offenses, even though isolated, warrant separation from the Navy to maintain proper order and discipline.  Wrongful drug use is one such offense requiring, at a minimum, mandatory processing for an administrative separation, which usually results in an unfavorable characterization of discharge.  Under the totality of the circumstances, the Board discerned no probable material error or injustice in the 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 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 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.