DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 9796-18 Ref: Digital Signature This is in reference to your application for correction of your husband’s 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 case on its merits. A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 10 January 2020. 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 and applicable statutes, regulations and policies. In addition, the Board considered the advisory opinion contained in Headquarters, U.S. Marine Corps (HQMC) memo 1400/3 MMPR-2 dated 6 December 2019, a copy of which was previously provided to you for comment. The Board, in its review of your husband’s entire record and your application, carefully weighed all potentially mitigating factors, to include your assertions that your husband’s paygrade of E-1 (Private) be corrected to “E-4 Sergeant (Sgt)” based upon the 1973 pay scale for a E-4 with more than 3 years and his earnings from social security. The Board noted that your husband did obtain the rank of Corporal (E-4) on 6 November 1972. However, on 25 January 1974, your husband was subject to a special court-martial and was found guilty and reduced to the grade of Private­E1 on 7 February1974 for transferring 19.4 grams of a controlled substance, marijuana. Subsequently, he was discharged from the Marine Corps on 8 February 1974 as a E-1. 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, 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, 3/24/2020