DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE  1001
ARLINGTON, VA 22204-2490

Docket No: 7791-18 
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 2 October 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 Reserve and began a period of duty on 26 January 1984. You served for a year and seven months without disciplinary incident, but, on 30 August 1985, you received nonjudicial punishment (NJP). Your offenses were wrongful use of marijuana and unauthorized absence (UA) for a period of three days. Subsequently, you were notified of pending administrative separation because of misconduct due to drug abuse at which time you waived your procedural right to present your case to an administrative discharge board (ADB). Your commanding officer recommended discharge under other than honorable conditions. The discharge authority approved the recommendation and, on 21 October 1985, you were discharged.

The Board carefully weighed all potentially mitigating factors including your contention that you were discharged due to a single event of trying marijuana. The Board concluded these factors were not sufficient to warrant relief in your case because of the seriousness of your misconduct in light of the Marine Corp’s “zero tolerance” drug policy. As with each case before the Board, the seriousness of a single act must be judged on its own merit; it can neither be excused nor extenuated solely on its isolation. The Board, in its review, discerned no 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.

Sincerely,