Docket No: 11710-19 
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. 
 
You enlisted in the Marine Corps and began a period of active duty on 15 May 1980.  You subsequently completed this enlistment with an honorable characterization of service on 17 April 1984, and reenlisted on 18 April 1984.  On 16 April 1985 and 22 November 1985, you received non-judicial punishment (NJP) for wrongful use of marijuana.  Subsequently, you were notified of pending administrative action to separate you from the naval service because of misconduct due to drug abuse.  You were advised of, and waived your procedural right to consult with and be represented by military counsel, and your right to present your case to an administrative discharge board.  Your commanding officer (CO) recommended that you be administratively discharged from the naval service with an other than honorable (OTH) characterization of service.  The separation authority approved the CO’s recommendation and directed your OTH discharge by reason of misconduct due to drug abuse.  On 23 January 1986, you were so discharged. 
 
The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge.  The Board considered your contention that your discharge should be upgraded to an honorable characterization of service based on the evidence you submitted on your behalf.  The Board noted that you were administratively discharged from the United States Army with a general (under honorable conditions) characterization of service because of abuse of illegal drugs.  
 
After careful consideration, 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 that resulted in two NJPs for wrongful use of a controlled substance warranted an OTH 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 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,