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


Docket No: 3177-19               
Ref: Signature Date 

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 14 May 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. 

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 and began a period of active service on 28 June 1982.  On 1 and 2 November 1984, a special court-martial (SPCM) was held, you were subsequently convicted of wrongful distributions of marijuana and wrongful use of marijuana.  You were sentenced to confinement, forfeiture of pay, reduction in rank, and a bad conduct discharge (BCD).  On 16 August 1985, the final appellate review affirmed and directed the execution of your bad conduct discharge (BCD).  On 4 September 1985, you were discharged with a BCD as a result of a court-martial conviction. 

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and your contention that your SPCM conviction was based on hearsay evidence that was provided by those with whom you associated and who themselves were ultimately convicted.  You also contend that the charges against you were false, that you never had any dealings with drugs, you served honorably, passed all urine tests, were never disciplined and have never been arrested or had any issue with the law. The Board has no authority to consider contentions pertaining to improprieties in courts-martial and must limit its review to determining whether the sentence should be modified as a matter of clemency.  The Board considered your overall service and your contentions but concluded that the severity of your misconduct outweighed your current desire to upgrade your discharge.  The Board discerned no probable material error or injustice in your discharge that warrants upgrading the characterization of your 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 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, 

6/3/2020