DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 9277-18 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 4 September 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, applicable statutes, and regulations and policies. You enlisted in the Marine Corps and began a period of active service on 27 March 1984. On 20 February 1984 you were counseled on the Marine Corps policy on illegal drug use. On 27 April 1984, you were so counseled again following your positive urinalysis for Tetrahydrocannabinol (THC). From the period beginning on 23 August 1984 to 25 February 1986, you received non-judicial punishment (NJP) on three occasions for the following offenses: sleeping on post, driving under the influence of alcohol, and wrongful use of cocaine. On 25 March 1986, you were notified about the initiation administrative proceedings to separate you from the naval service, and on 27 March 1986, you elected to have your case heard before an administrative discharge board (ADB). On 23 April 1986, you elected to waive a hearing of your case before an ADB. On 14 May 1986, your administrative separation proceedings were determined to be sufficient in law and fact. On 15 May 1986, the discharge authority approved your separation and directed your discharge with an other than honorable (OTH) characterization of service by reason of misconduct-pattern of misconduct. On 4 June 1986, you were so discharged. The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge and your contention that you were informed that your discharge would be upgraded after six months, and since your discharge you have been an upstanding citizen. The Board concluded there is insufficient evidence to warrant relief in your case given your pattern of misconduct which resulted in three NJPs, including the wrongful use of cocaine. The Board concluded that the seriousness of your misconduct outweighed your desire to upgrade your discharge. Regarding your contention that you were told your OTH discharge would be upgraded to honorable after six months, the Board noted that there is no provision in law or regulations that allows for re-characterization of a discharge automatically after six months due solely to the passage of time. 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.