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

Docket No: 2031-19 
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 18 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 on 12 October 1979. On 16 June 1981, in accordance with you pre-trial agreement and according to your pleas of guilty, you were convicted by special court-martial (SPCM) of two specifications of wrongfully selling marijuana.  Less than a year later, on 26 May 1982, you received non-judicial punishment (NJP) for wrongful possession of marijuana.  Subsequently, you were notified of pending administrative action to separate you from the naval service by reason of misconduct due to drug abuse.  After you were advised of, and waived, your procedural rights, your commanding officer (CO) recommended that you be discharged with an other than honorable (OTH) characterization of service by reason of misconduct due to drug abuse.  In doing so, your CO noted that you admitted to using marijuana and your desire to continue to do so, and that your testing positive for marijuana on 30 August 1982 indicated your desire not to be rehabilitated.  The discharge authority approved this recommendation and directed separation under other than honorable conditions by reason of misconduct.  On 12 November 1982, you were so discharged. 

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and your contentions that you were discharged instead of receiving drug treatment for smoking marijuana, that your Captain told you that you would receive treatment, and that you would like to use your GI Bill and your Department of Veterans Affairs (DVA) benefits.  However, the Board concluded that your repeated violation of the Navy’s “Zero Tolerance” drug policy outweighed your desire upgrade your discharge. 

In regard to your contentions that you were discharged instead of receiving drug treatment for smoking marijuana, and that your Captain told you that you would receive treatment, the Board noted that there is no evidence in your record, and you submitted none, to support your contentions.  The Board noted that the record shows that you were notified of and waived your right to present your case to an administrative board (ADB).  In doing so, you gave up your first and best opportunity to advocate for retention, assistance, or a more favorable characterization of service. 

In regard to your contention that you like to use your GI Bill and DVA benefits, the Board noted whether or not you are eligible for the GI Bill and DVA benefits is a matter under the cognizance of the DVA, and you may contact the nearest office of the DVA concerning your right to apply for benefits.  If you have been denied benefits, you may appeal that denial under procedures established by the DVA.
 
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,