Docket No: 10633-19  
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. 
 
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 28 October 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 25 February 1976.  On 2 September 1977, you were recommended for termination from training for Marine Security Guard School for unsatisfactory performance and financial problems.  On 4 February 1980, you were convicted by a special court martial (SPCM) of three specifications of violating a lawful general regulation, by introducing some amount of marijuana into a military unit, wrongfully possessing 10.7 grams of marijuana, and wrongfully selling 10.7 grams of marijuana.  On 20 June 1980, you were discharged with a general characterization of service at the expiration of your enlistment. 
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and your contention that your proficiency and conduct marks were not given to you in accordance with Marine Corps directives, which you contend is an injustice.  Your proficiency and conduct marks were not available.  However, please note, characterization of service is not solely based on proficiency and conduct marks.  Characterization of service refers to the quality of an individual’s military service.  A general characterization is awarded when significant negative aspects of the member’s conduct or performance outweigh positive aspects of their conduct or performance.  The Board noted the severity of the drug related misconduct you committed that resulted in your SCM conviction.  The Board in its review determined that you were assigned the appropriate characterization of 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 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,