DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 7391-18 Ref: Signature Date 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 26 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 10 December 1980. On 25 September 1981, you were counseled concerning your poor judgement in failing to be at your appointed place of duty. On 11 January 1982, you received nonjudicial punishment (NJP) for failing to go to your appointed place of duty and disrespect. On 31 May 1983, you were convicted by special court-martial (SPCM) of two specifications of possession of marijuana and two specifications of wrongful distribution of marijuana. You were sentenced to confinement at hard labor, a forfeiture of pay, a reduction in paygrade, and a bad conduct discharge (BCD). You received your BCD on 2 November 1984. The Board carefully weighed all potentially mitigating factors, such as your record of service and request to upgrade your discharge, and your assertions that you were born with deformed feet and should not have been accepted in the military, and that during your physical they only checked your back, but not your lower extremities. Additionally, the Board consider the Memorial Hospital Clinical Transition of Care Summary, regarding your visit for abnormal cardiac enzyme level, diagnosis of psychosis, rule out schizophrenia, rule out substance induced psychosis, unspecified from the University of Hospital and Clinics, and in-service medical entry regarding your feet issues. With regard to erroneous enlistment, the board doesn’t have the authority to change a court-martial conviction but can only act in clemency. At the time of your separation, there was no requirement for your commanding officer to prioritize separation due to erroneous enlistment or medical reasons over addressing misconduct. Under the presumption of regularity, in the absence of substantial evidence to the contrary, the Board presumes that your commanding officer properly discharged their official duties. The Board concluded your mitigating factors and assertions were not sufficient to warrant recharacterization of your discharge given your misconduct, which resulted in NJP and SPCM conviction for serious drug offenses. 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,