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

Docket No: 1088-19 
Ref: Signature Date 

Dear

This is in reference to your application of 2 January 2019 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 that 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 21 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.
 
You enlisted in the Marine Corps and began a period of active duty on 26 March 1984.  During the period from 14 January to 4 September 1985, you received three non-judicial punishments (NJP) for violating a lawful order by wrongfully using a base temporary vehicle pass, absence from your appointed place of duty, disobeying a lawful order, and two specifications of derelict in the performance of duty.  On 11 June 1987, civil authorities convicted you of delivery and sale of marijuana.  Subsequently, you were notified of an administrative action to separate you from the naval service for misconduct due to civil conviction.  After you waived your procedural rights, your commanding officer (CO) recommended discharge with an other than honorable (OTH) characterization of service for misconduct due to civil conviction.  The discharge authority approved this recommendation and directed separation under other than honorable conditions for misconduct.  On 24 July 1987, you were so discharged.
 
The Board carefully weighed all potentially mitigating factors in your case, including your character letters, your desire to upgrade your discharge and contentions that you earned your college degree, you work with young people convincing them to join the military, and would like to open a halfway house for Veterans. In this regard, the Board concluded that the seriousness of your misconduct and civil conviction outweighed your desire to upgrade your discharge. 

Regarding your contentions that you earned your college degree, would like to open a halfway house for Veterans, and you are currently work with young people convincing them to join the military,  the Board noted while commendable, your post service conduct does not sufficiently mitigate your conduct while enlisted in the Marine Corps or the basis for 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,