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

Docket No: 1476-19 
Date: Ref Signature 
 

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 26 February 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 service on 2 August 1979.  On 18 November 1981, you tested positive for cocaine use.  Subsequently, you were placed on the urinary surveillance program.  While on the urinary surveillance program you tested positive for marijuana use on five occasions.  On 9 December 1981, you underwent a substance abuse evaluation and determined to be not drug dependent.  On 7 January 1982, you submitted an objection to your administrative separation proceedings.  On 8 January 1982, you received non-judicial punishment (NJP) for absence from your appointed place of duty.  On 19 January 1983, you tested positive for marijuana.  On 1 April 1983, you were notified of the initiation of administrative separation proceedings by reason of misconduct-drug abuse.  On 6 April 1983, you elected counsel and your procedural rights.  On 14 April 1983, your commanding officer recommended your discharge by reason of misconduct-drug abuse.  On 24 May 1983, an administrative discharge board (ADB) convened.  The ADB found that you had committed misconduct and recommended that you be discharged with an other than honorable (OTH) characterization of service by reason of misconduct due to drug abuse.  On 20 June 1983, your administrative separations proceedings were determined to be sufficient in law and fact.  The separation authority concurred with the ADB and approved and directed an OTH discharge by reason of misconduct due to drug abuse.  On 29 June 1983, you were discharged. 
 
The Board carefully weighed all potentially mitigating factors, such your desire to upgrade your discharge and contention that you were wrongly represented during your ADB.  Additionally, you state, you were young, you received high marks, and you are now a productive citizen.  The Board commends your post service conduct.  Notwithstanding, the Board noted you elected your right to counsel, as well as review by an ADB, and you were represented by a certified Marine Corps Judge Advocate.  With regard to your contention as to improper representation, the Board noted you did not provided evidence, and your record did not contain evidence, to support your contention.  Further, the Board considered your marks and your youth as factors, but concluded that your discharge was appropriate based on the seriousness and frequency of your drug related misconduct found by the ADB.  In its review, the Board discerned no probable material error or injustice in your discharge. 
 
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.