Docket No: 10958-19 
Ref:  Signature Date 
 
 
Dear : 
 
This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code.  After careful and conscientious consideration of relevant portions of your naval record and your application, the Board for Correction of Naval Records (Board) found the evidence submitted 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 23 November 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, to include the 25 July 2018 Under Secretary of Defense Memo on Guidance to Military Discharge Review Boards and Boards for Correction of Military / Naval Records Regarding Equity, Injustice, or Clemency Determinations. 
  
You enlisted in the Marine Corps and began a period of active duty on 11 October 1983.  On 19 October 1983, you were identified as a fraudulent enlistee due to your pre-service marijuana use, and jumping of a turn style.  However, on 1 November 1983, your commanding general approved a waiver for your retention in the Marine Corps, and you remained on active duty.  You served without incident until 28 July 1989, when you were counseled concerning your demonstration of poor judgement involving a questionable method of trying to wake-up a student.  On 19 October 1989, you received nonjudicial punishment (NJP) for 30 minutes of unauthorized absence.  On 15 August 1990, you were, convicted by summary court-martial (SCM) of wrongful use of cocaine.  Additionally, you were, counseled and warned that further misconduct could result in administrative discharge action.  On 5 September 1990, you received NJP for breaking restriction.  On 18 October 1990, you were, counseled concerning your inability to be at your appointed place of duty, continued misconduct, disobedience, and use of your chain of command.  On 19 October 1990, you received NJP for breaking restriction and using disrespectful language toward a non-commissioned officer.  On 31 October 1990, a request for your discharge was forwarded to the legal officer.  In November 1990, medical personnel found you not dependent on drugs.  On 13 December 1990, administrative discharge action was initiated to separate you from the Marine Corps, because of minor disciplinary infractions, a pattern of misconduct and drug abuse.  After being afforded your procedural rights, you elected to waive your right to have your case heard before an administrative discharge board.  On 18 December 1990, your case was forwarded to the separation authority with the recommendation that you receive an other than honorable (OTH) discharge.  On 30 January 1991, a staff judge advocate found your case to be sufficient in law and fact, and on 31 January 1991, the separation authority directed that your discharge for misconduct due to drug abuse.  Your discharge was delayed due to a medical condition you were encountering, and on 27 March 1991, you were discharged from the Marine Corps with an OTH characterization of service. 
 
The Board carefully weighed all potentially mitigating factors, such as your record of service, medical issues, and desire to have your characterization of service upgraded.  The Board concluded these factors were not sufficient to warrant a change to your characterization of service given your misconduct, which result in three NJPs, SCM conviction for wrongful drug use, and the fact that you were counseled on more than one occasion of the consequences of further misconduct.    
 
In reviewing the circumstances of your separation and characterization of service, the Board considered the totality of the circumstances to determine whether relief is appropriate today in the interests of justice in accordance with guidance provided by the Under Secretary of Defense for Personnel and Readiness (Wilkie Memo of 25 July 2018).  Accordingly, the Board considered and acknowledged your positive contributions to the Marine Corps, the length of your active duty service to our nation, and your post-discharge achievements.  Even considering these potentially mitigating factors in accordance with the above referenced guidance, the Board did not find that relief was in the interest of justice.  The Board concluded that your OTH discharge characterization was issued without error or injustice, and that corrective action is not warranted. 
  
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,