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

Docket No: 3323-19 
Ref: Signature Date 

Dear: 

This is in reference to your application of 15 March 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 7 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, relevant portions of your naval record, and applicable statutes, regulations, and policies.
 
You enlisted in the Marine Corps and began a period of active duty on 10 October 1979.  According to the information in your record, on 7 June 1982, you were notified of pending administrative separation action by reason of misconduct due to frequent involvement with military authorities as a result of receiving four non-judicial punishments (NJP) of which three were for possession of a controlled substance.  Although the Board lacked your entire service record, the Board relied on a presumption of regularity that after you waived your procedural rights, your Commanding Officer (CO) recommended discharge under other than honorable (OTH) conditions by reason of misconduct due to frequent involvement.  The discharge authority approved this recommendation and directed separation under other than honorable conditions by reason of misconduct.  On 23 July 1982, 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, such as your desire to upgrade your discharge and contention that your charge of simple possession 25 years ago is considered tolerable today.  The Board concluded that your current characterization does not reflect an error or injustice that merits corrective action.  Regarding your contention that your charge of simple possession 25 years ago is considered tolerable today, the Board noted that the Navy’s “Zero Tolerance” drug policy is currently still in effect and no changes have been made to the policy. 

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,