DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 8393-18 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 16 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 Reserve on 3 November 1983. On 2 February 1985, a notice of obligated service (NAVMC 10228) was signed by you acknowledging that your period of remaining reserve service obligation began on 3 November 1983 and will end on 2 November 1989, of which only the portion specified on your enlistment contract was required to be in the Ready Reserve. During the period from 8 September 1985 and 3 August 1986, you received two non-judicial punishments (NJP) for wrongful possession of both marijuana and phencyclidine (PCP) and wrongful possession of PCP. Subsequently, you were notified of pending administrative separation action by reason of misconduct due to drug abuse. You elected to consult with legal counsel and subsequently requested an administrative discharge board (ADB). The ADB found that you committed misconduct due to drug abuse and recommended you receive an other than honorable (OTH) discharge. The discharge authority concurred with the ADB and directed an OTH discharge by reason of misconduct. On 4 December 1986, you were discharged. The Board carefully weighed all potentially mitigating factors, such as your criminal history record check, character letters, your request to change your discharge and contentions that your contract stated four months of active duty training and 32 months of ready reserve, which meant you were supposed to have been discharged on 2 November 1986, your OTH discharge was based on faulty information, a current test or current disciplinary issues that was used to quickly effect your immediate discharge since you were serving past your contract date, you were unjustly penalized with no discussion, counseling, or support of any kind, you had no one to advocate for your rights, and since your discharge, you received counseling, attended college and have been employed in Public School System for over 30 years. The Board commends your post service conduct. In regard to your contentions that your contract had expired, the Board noted you were subject to a six year enlistment and were still in obligated service. With regard to your characterization of service and discharge, the ADB considered the conduct from your current enlistment and determined your character of service as OTH, including matters for which you had already had NJP. In regard to your contentions that you were unjustly penalized with no discussion and no one to advocate for your rights, the Board noted you requested an ADB, were represented by legal counsel at that ADB, were then found to have committed misconduct due to drug abuse, and were recommended you receive an other than honorable (OTH) discharge. The Board concluded that your violation of the Marine Corps drug policy outweighed your mitigating factors. 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.