DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490
                                                           
Docket No: 12-19                                                             
Ref: Signature Date 

This is in reference to your application of 29 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 14 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. 

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 issues 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 on 30 July 1981.  During the period from 4 May to 27 June 1983, you received two non-judicial punishments (NJP) for wrongful use of marijuana and two specifications of absence from your appointed place of duty.  Although the Board lacked your entire service record, the Board relied on a presumption of regularity that you were notified of the recommendation that you be discharged by reason misconduct due to drug abuse.  It appears from your DD-214 that you waived your procedural rights, and your Commanding Officer (CO) recommended discharge under other than honorable (OTH) conditions by reason of misconduct due to drug abuse.  On 16 September 1983, you were so discharged.  As stated previously, the Board relies on a presumption of regularity to support the official actions of public officers and, in the absence of substantial evidence to rebut the presumption, to include evidence submitted by the Petitioner, the Board presumes that you were properly discharged from the Marine Corps. 

The Board carefully weighed all potentially mitigating factors in your case, including information from the City of         Fire and Police Department, your desire to upgrade your discharge and contentions that you were young and made a big mistake.  The Board also considered your contentions that prior to discharge, you had numerous meritorious promotions, were promoted to Corporal very quickly, graduated top of your MOS school, were given a choice of duty station, and you would like military honors at your funeral. 

The Board did not find the existence of probable material error or injustice in your record. Regarding your contention that you were young and made a big mistake, the Board noted that the evidence of record did not show that you were not responsible for your conduct or that you should not be held accountable for your actions.  Regarding your contention that you served on the City of 

Fire Department and retired from the         Police Department, the Board noted that while commendable, your post service conduct does not sufficiently mitigate your conduct while enlisted in the Marine Corps or the basis for your discharge. Regarding your contention that prior to discharge, you had numerous meritorious promotions, were promoted to Corporal very quickly, graduated top of your MOS school and was given a choice of duty station, the Board noted that a Marine’s service is characterized at the time of discharge based on performance during the current enlistment.  Regarding your contention that you would like military honors at your funeral, the Board noted whether or not you are eligible to be buried with full honors is a matter under the cognizance of your local cemetery and you should contact the nearest office of choice concerning your right to apply for this benefit.  

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, 


1/28/2020