Docket No: 3914-19 
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 4 June 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. 
 
You enlisted in the Marine Corps and began a period of active duty on 6 June 1978.  You subsequently completed this enlistment with an honorable characterization of service on 15 June 1980.  You reenlisted in the Marine Corps on 16 June 1980.  On 10 September 1982, you received non-judicial punishment (NJP) for resisting lawful apprehension.  On 24 February 1983, you were convicted by special court-martial (SPCM) of wrongful possession and use of marijuana and willfully failing to report a conspiracy between two Marines to introduce and sell about two pounds of marijuana.  On 25 April 1983, you were convicted by summary court-martial (SCM) of wrongful use of tetrahydrocannabinol.  Subsequently, you were notified of pending administrative action to separate you from the naval service because of misconduct due to drug abuse.  After consulting with counsel, you waived your procedural rights, including your right to be represented by military counsel and your right to present your case to an administrative discharge board (ADB).  Your commanding officer (CO) recommended that you be administratively discharged from the naval service with an other than honorable (OTH) characterization of service.  The separation authority approved the CO’s recommendation and directed your OTH discharge by reason of misconduct due to drug abuse.  On 30 August 1983, you were so discharged. 
 
The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge.  The Board considered your assertion that at the time in 1983, you were 23 years old.  You are now 58 years old and would like to see if your characterization of service can be changed since it has been 35 years since the incident occurred.  The Board concluded that these factors were insufficient to warrant relief in your case because of the seriousness of your repeated misconduct that resulted in NJP, a SCM, and SPCM conviction, which included wrongful use of a controlled substance on two occasions.  You also waived your right to an ADB, and thereby forfeited your best opportunity to receive a better characterization of service.  Under the totality of the circumstances, the Board discerned no probable material error or injustice in the discharge. 
 
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, 
 6/30/2020