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

Docket No: 1473-19 
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 9 June 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, as well as applicable statutes, regulations, and policies.
 
You enlisted in the Marine Corps and began a period of active duty on 26 February 1982.  On 16 December 1982, you received nonjudicial punishment (NJP) for wrongful use of marijuana.  On 3 January 1983, you received NJP for two days of unauthorized absence (UA), consuming and possessing an alcoholic beverage in your room, and breaking restriction.  During the period from 21 April 1983 to 19 December 1983, you were counseled on three occasions concerning your involvement of a discreditable nature with military authorities, unprofessional conduct, and deficiencies in dependability, initiative, and judgement.  On 4 June 1984, you were, counseled regarding your substandard performance, poor conduct, and frequent involvement with military authorities.  You were, warned that further misconduct could result in administrative discharge action.  On 18 June 1984, you received NJP for possession and use of marijuana and cocaine.  Administrative discharge action was initiated to separate you from the Marine Corps for misconduct due to drug abuse.  You waived your rights to consult with counsel and to a hearing before an administrative discharge board.  Your case was forwarded to the separation authority, and on 13 August 1984, it was directed that you be discharged from the Marine Corps for misconduct due to drug abuse.  On 28 August 1984, you were discharged from the Marine Corps with an other than honorable characterization of service. 

The Board carefully weighed all potentially mitigating factors, such as your record of service, your request to have your characterization of service upgraded, and your desire for benefits.  The Board also considered your assertions that you never caused any problems, but you had a drug problem during your youth, and the Marine Corps never offered any substance abuse assistance.  The Board concluded these factors and assertions were not sufficient to warrant an upgrade in the characterization of your discharge given your three NJPs, two of which were for drug abuse, and the fact that you were counseled on more than one occasion, and warned of the consequences of further misconduct. 

Regarding your contention that you need VA benefits, whether or not you are eligible for benefits is a matter under the cognizance of the VA, and you may contact the nearest office of the VA concerning your right to apply for benefits.  If you have been denied benefits, you may appeal that denial under procedures established by the VA. 

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,