DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 4882-18 Ref: Signature Date Dear 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 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 24 July 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 and began a period of active duty on 24 February 1976. The Board noted that your record reflects two periods of honorable service from 24 February 1976 to 9 August 1979 and 10 August 1979 to 1 December 1982. Following your second period of honorable service, you reenlisted on 2 December 1982. On 21 February 1986, you received non-judicial punishment (NJP) for wrongful use of a controlled substance (marijuana). Subsequently, you were notified of pending administrative separation action, by reason of misconduct due to drug abuse, at which time you waived your procedural right to consult with legal counsel and to present your case to an administrative discharge board (ADB). Your commanding officer (CO) recommended that you be administratively separated from the naval service with an other than honorable (OTH) characterization of service. A staff judge advocate determined that you were accorded all the rights to which you were entitled and the proceedings were sufficient in law and fact. The discharge authority approved the CO’s recommendation and directed you receive an OTH discharge. On 23 September 1986, 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 you were told you would be transferred to Okinawa for an unaccompanied tour, that your wife had mental health issues and had given birth in January of 1985, that you also had a young daughter, and that your wife was not capable of caring for both children by herself for any length of time. The Board also considered your contention that your CO was adamant that he was filling that billet and he did not care about your wife’s issues, and that when you refused to accept the orders to go overseas, the CO tore up your staff sergeant warrant and told you that you were going anyway. The Board considered your statement that you told the CO that you were contacting your senator, and he said that you two were not done yet and would talk the next day, and that you were called into the office the following day and sent for a drug test, which in 3 days you were informed you tested positive. The Board also considered your statement that you were a career Marine and never indulged in drugs, and that you went to a JAG officer, and he called and told your command that you were allowed another test, including a blood test, and the CO refused. However, the Board concluded that these factors were insufficient to warrant relief in your case because of the seriousness of your misconduct which resulted in wrongful drug use. The Board noted you were given an opportunity to defend yourself, but waived your procedural right to consult with legal counsel and to present your case to an ADB. In doing so, you gave up your first and best opportunity to advocate for retention or a more favorable characterization of service. Regarding your contentions concerning your family, orders, command behavior, and urinalysis, your record does not contain, and you did not provide, any evidence to support your contentions. Absent such evidence, the Board relied upon the presumption of regularity that attaches to all official records, and presumed that the officials acted in accordance with governing law and policy, and in good faith. Additionally, despite a service member’s prior record of service, certain serious offenses, even though isolated, warrant separation from the Marine Corps 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. Accordingly, under the totality of the circumstances, the Board, in its review, 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.