DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 01 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 5403-18 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 21 August 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 April 1986. During the period from 21 August 1987 to 25 March 1988, you received three nonjudicial punishments (NJP) for writing checks with insufficient funds, disorderly conduct and violating a lawful regulation. On 21 April 1988, you received NJP for wrongful use of a controlled substance. Subsequently, you were notified of pending administrative separation action, by reason of misconduct due to drug abuse, at which time you waived your right to consult with legal counsel and to present your case to an administrative discharge board (ADB). On 15 September 1988 you were informed that an evaluation by a medical officer had determined you were drug or alcohol dependent, but you stated that you did not wish to be enrolled in the Veteran’s Administration’s Drug and Alcohol Program. The commanding officer (CO) recommended administrative discharge with an other than honorable (OTH) character of service. The discharge authority approved the CO’s recommendation and directed an OTH characterization of service. On 13 October 1988, you were discharged. The Board carefully weighed all potentially mitigating factors to your OTH discharge, such as the character letters submitted on your behalf and your post-service accomplishments. The Board considered your contentions that you have successfully completed in-patient substance use treatment program and maintained sobriety since that time. You have been volunteering at a church food pantry as well as being involved with Walk for Veterans’ program and any other programs relating to veterans including the Vietnam Veterans memorial program when it came to , . The Board commends you on your post service conduct, however, concluded these factors were not sufficient to warrant relief in your case because of the seriousness of your misconduct which resulted in four NJPs to include wrongful drug use. In view of the forgoing, the Board discerned no material error or injustice in the discharge action that would warrant a change in your characterization of service. 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,