DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 1003-19 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. 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. 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 19 May 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, as well as applicable statutes, regulations, and policies. You enlisted in the Marine Corps and began a period of active duty on 17 September 1979. On 5 March 1980, you were convicted by special court-martial (SPCM) of wrongful possession of marijuana. On 22 September 1980, you received nonjudicial punishment (NJP) for breach of the peace. Additionally, you were counseled and warned that further misconduct could result in administrative discharge action. On 10 October 1980, you were counseled concerning alcohol abuse and being drunk and disorderly. On 21 January 1981, you received NJP for disobeying a lawful order. On 6 October 1981, you received NJP for disobeying a lawful order and an unauthorized absence. On 7 December 1981, you were convicted by summary court-martial (SCM) of two specifications of unauthorized absence totaling 32 days. On 18 March 1982, you were counseled and warned concerning your involvement with military authorities. On 22 March 1982, you submitted a request for discharge under other than honorable (OTH) conditions for the good of the service for possession of marijuana. Your case was forwarded to the separation authority with the recommendation that your request be denied. On 7 April 1982, the separation authority disapproved your request for separation with an OTH in lieu of trial by court-martial. On 26 April 1982, you were convicted by SPCM of wrongful possession of marijuana and assault. You were sentenced to forfeiture of pay, confinement at hard labor, and a bad conduct discharge (BCD). You received your BCD on 16 February 1983. The Board carefully weighed all potentially mitigating factors, such as your record of service and your desire to have your characterization of service upgraded. The Board also considered your contention that you let a friend borrow your car, and, unbeknownst to you, when he returned it, he left a marijuana cigarette in the ashtray. The next time you used your car, you were stopped at a checkpoint, your car was searched, and the military policeman discovered the marijuana cigarette. You also assert that in the past 40 years, you have never had trouble with the law, have no criminal record, worked with the same company for 36 years, never did drugs and barely drinks alcohol, and won custody of your autistic daughter. You are proud of what you have accomplished in life, proud to be a Marine, and it would mean everything for you to have your discharge upgraded. The Board concluded these factors and assertions were not sufficient to warrant an upgrade in the characterization of your discharge given your misconduct that resulted in three NJPs, SCM, two SPCMs for drug abuse, and the fact that you were warned, on more than one occasion, of the consequences of further misconduct. 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.