Docket No: 3795-19 
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  
14 September 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. 
  
You enlisted in the Marine Corps and began a period of active duty on 16 November 1982.  On 14 April 1983, you were counseled concerning sleeping in class. You were warned that further deficiencies could result in administrative discharge action.  On 11 October 1983, you were advised of the Marine Corps policy concerning illegal drugs.  On 17 January and 30 October 1984, you received nonjudicial punishment (NJP) for wrongful use of marijuana. 

On 31 October 1984, administrative discharge action was initiated to discharge you from the Marine Corps for misconduct due to drug abuse.  After being afforded your procedural rights, you elected to waive your right to have your case heard before an administrative discharge board.  On 8 November1984, your case was forwarded to the separation authority with the recommendation that you receive an other than honorable (OTH) discharge due to drug abuse.  The separation authority directed that you receive an OTH discharge due to drug abuse.  On 21 December 1984, you were discharged from the Marine Corps with an OTH characterization of service. 
  
The Board carefully weighed all potentially mitigating factors, such as your record of service, and desire to have your characterization of service upgraded.  The Board also considered your assertions that: (a) on the day before you were to receive an honorable discharge, a random drug test result reviled your positive use of marijuana; (b) at that time, you could have appealed but did not do so, as it would have delayed you from leaving the service; and (c) that during your enlistment, you had no record of disciplinary problems or any drug usage when given prior random drug testing, and that it was a onetime occurrence.  The Board concluded these factors and assertions were, not sufficient to warrant recharacterization of your discharge given your misconduct that resulted in two NJPs for wrongful drug use.  
 
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 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,