Docket No:  951-18 
Ref: Signature date 

 
Dear Mr.  : 
 
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 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 29 April 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 Reserves and began a period of active duty on 6 April 1979.  On 1 July 1983, you were counseled concerning your possession of illegal drugs.  You were warned that further involvement could result in administrative discharge action.  On 2 July 1983 and 20 November 1983, you received nonjudicial punishment (NJP) for possession of trace amounts of cannabinoids.  On 29 March 1984, your officer-in-charge (OIC) initiated administrative discharge action, and your case was forwarded to the separation authority recommending that you be separated from the Marine Corps Reserve under other than honorable (OTH) conditions for misconduct due to drug abuse.  On 10 April 1984, a staff judge advocate reviewed and found your case to be sufficient in law and fact, and forward it to the separation authority.  On 19 April 1984, the separation authority concurred with your OIC, and directed that you receive an OTH discharge by reason of misconduct due to drug abuse.  You received your OTH discharge on 19 April 1984. 
 
The Board carefully weighed all potentially mitigating factors, such as your request to upgrade your discharge.  The Board concluded these factors and assertion were not sufficient to warrant a change to your discharge given your repeated misconduct, even after counseling, which resulted in two NJPs for your wrongful drug use.  The Board found no material error or injustice in your discharge or the characterization of your service. 
 
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 submission of new matters.  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, 
 
Executive Director