Docket No: 3384-19 
Ref: Signature Date 

This is in reference to your application of 8 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 re-enlisted in the Marine Corps on 12 November 1980.  During the period from 23 November 1982 to 9 November 1983, you received four non-judicial punishments (NJP) for two specifications of disrespect toward a commission officer, three specifications of disobeying a lawful order, and two specifications of wrongful use of marijuana.  Subsequently, you were notified of an administrative action to separate you from the naval service for misconduct due to drug abuse.  After you waived your rights, your commanding officer (CO) recommended discharge under other than honorable (OTH) conditions for misconduct due to drug abuse.  The discharge authority approved this recommendation and directed separation under other than honorable conditions by reason of misconduct.  On 15 December 1983, you were discharged. 

The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge and contentions that your punishment was too harsh, you were never under the influence while on base or on duty, and you need Department of Veterans Affairs (VA) benefits.  The Board also noted your contention that you were a squad leader in Boot Camp, meritorious promoted to Lance Corporal, and you were recommended for meritorious promotion to Corporal. However, the Board concluded that there was no probable material error or injustice in your discharge. 

Regarding your contention that your punishment was too harsh, the Board noted that your punishment was a direct result of your actions, which resulted in four NJPs and violation of the Navy’s drug policy.  In regard to your contention that you were never under the influence while on base or on duty, the Board noted that regardless of when or where you were physically located while under the influence, you violated the Navy’s drug policy.  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 should contact the nearest office of the VA concerning your right to apply for benefits.  If you have been denied benefits, you should appeal that denial under procedures established by the VA.  Regarding you contention that you were a squad leader in Boot Camp, meritoriously promoted to Lance Corporal, and you were recommended for meritorious promotion to Corporal, the Board noted that a Marine’s service is characterized at the time of discharge based on performance during the current enlistment. 

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.