Docket No. 11356-19 
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 22 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, and applicable statutes, regulations and policies. 
 
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 issue(s) involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 
 
You enlisted in the Marine Corps Reserve and began a period of active duty for training on 26 March 1987.  You were subsequently released from your tour of active duty with an honorable characterization of service on 8 October 1987.  Thereafter, based on the information contained in your record, in or about May 1989, you provided a urine sample that tested positive for cocaine.  Subsequently, you were notified via certified mail that the commanding officer intended to recommend you for administrative separation by reason of misconduct due to drug abuse.  You were advised of, and waived your procedural rights, including your right to consult with and be represented by military counsel, and your right to present your case to an administrative discharge board (ADB).  Your commanding officer (CO) recommended administrative discharge from the naval service with an other than honorable (OTH) characterization of service.  The staff judge advocate reviewed your package and found that the proceedings were sufficient in law and fact to support administrative separation.  The separation authority approved the CO’s recommendation and directed your separation from the naval service with an other than honorable (OTH) characterization of service.  On 1 August 1989, you were separated. 
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge.  The Board considered your assertion that you served honorably up until your discharge from the Marine Corps Reserves; and you received a promotion in rank and letters of appreciation during your active duty weeks.  You assert that you had never indulged in any chemicals, including alcohol while on duty.  You further assert that you were no longer living at the address you provided, the then current resident did not provide you your mail, and you missed opportunities to address this issue due to an unfortunate social issue.  You contend that Marine the Corps remains a source of pride for you and being discharged prior to your completion of service remains one of your biggest regrets.   
 
Unfortunately, after careful consideration of your assertions and contentions, the Board did not find evidence of an error or injustice that warrants upgrading your characterization of service or sufficient evidence to warrant clemency.  Even under the liberal consideration standard, the Board found your misconduct warranted an OTH characterization of service.   
 
It is regretted that the circumstances of your case are such that favorable action cannot be taken at this time.  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,