DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 

Docket No: 3399-19 Date:
Ref Signature 

Dear : 

This is in reference to your application of 18 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 21 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, and 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.

On 15 October 1981, you reenlisted in the Marine Corps.  On 21 January 1983, you were convicted at a summary court-martial (SCM) for wrongfully possessing marijuana.  On 9 February 1983, you were counseled regarding your drug related misconduct.  On 29 April 1983, you were counseled regarding your misconduct involving drug use and unauthorized absence. (UA).  On 7 February 1985, your Commanding Officer (CO) recommended your discharge by reason of misconduct-drug abuse.  In his recommendation your CO notes you were found guilty of using marijuana on 4 February 1985.  On 20 February 1985, your administrative separation proceedings were determined to be sufficient in law and fact.  On 26 February 1985, you were discharged with an other than honorable (OTH) characterization of service for misconduct-drug abuse. 

The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge and contention of a fraudulent enlistment contract due to not receiving an incentive upon your reenlistment.  The Board considered your contentions but found no evidence in your record to support your contentions.  The Board concluded that your current characterization does not reflect an error or injustice that merits corrective action.
 
Regarding your assertion, Public Law 112-154, Honoring America’s Veterans and Caring for Camp Lejeune Families Act of 2012, requires the Veterans Administration to provide health care to Veterans with one or more of 15 specified illnesses or conditions.  You should contact the nearest office of the Department of Veterans Affairs (VA) concerning your right to apply for benefits or appeal an earlier unfavorable determination. 

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,