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

Docket No: 9490-18   
Date: Ref Signature 

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 18 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, as well as applicable statutes, regulations, and policies.
 
Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issues involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 
You enlisted in the Marine Corps and began a period of service on 23 April 1979.  On 25 March 1982, you received non-judicial punishment (NJP) for wrongful use of a controlled substance (marijuana).  On 6 August 1982, you underwent a medical evaluation, and you were determined not to be psychologically or physically drug dependent.  On 12 August 1982, you were notified of administrative separation processing by reason of misconduct due to drug abuse. On 19 October 1982, your administrative separation proceedings were determined to be sufficient in law and fact.  On 21 October 1982, the discharge authority directed discharge with a general, under honorable conditions, characterization of service by reason of misconduct-drug abuse, and on 29 October 1982, you were discharged.
 
The Board carefully weighed all potentially mitigating factors, such your request to upgrade your discharge and contention that you no longer use illegal drugs.  The Board commends your sobriety.  Notwithstanding, the Board concluded that the severity of your drug related misconduct outweighed your current mitigating factors to upgrade your discharge.  In its review, the Board discerned no material error or injustice in your 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, 


10/23/2019