Docket No: 10672-18 
Ref: Signature Date

Dear : 
 
This letter is in reference to your application of 8 November 2018 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 that 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 11 December 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, and applicable statutes, regulations, and policies. 
 
You enlisted in the Marine Corps Reserve and began a period of active duty on 7 March 1984.  You subsequently were released from your initial tour of active duty with an Honorable characterization of service on 20 July 1984.  On 21 July 1984, you were transferred to the Marine Corps Reserve.  On 30 August 1987, you received non-judicial punishment (NJP) for wrongful use and possession of cocaine.  On 14 April 1988, you received your second NJP for wrongfully and unlawfully possessing cocaine.  Although your administrative separation documentation, is not in your service record, it appears on 13 May 1988, the discharge authority directed administrative discharge with an other than honorable (OTH) characterization of service by reason of misconduct due to drug abuse.  On 25 May 1988, you were so discharged. 
 
The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge.  The Board considered your contention that at the time of your discharge the military did not offer substance abuse treatment programs.  You contend that now times have changed and military personnel are offered treatment programs for substance use and are given a second chance; whereas, you were discharged without treatment.  The Board concluded that these factors were insufficient to warrant relief in your case because of the seriousness of your repeated drug-related misconduct.  The Board relies on a presumption of regularity to support the official actions of public officers and, in the absence of substantial evidence to the contrary (as is the case at present), will presume that they have properly discharged their official duties.  Under the totality of the circumstances, the Board, in its review, discerned no probable material error or injustice in your 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. 
 
 Sincerely,