Docket No: 4668-19 
Ref:  Signature Date 
 
MR 
  
Dear Mr. : 
 
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.     
 
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 issue(s) involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 
 
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 5 October 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 13 September 1983.  On 24 January 1986, you received nonjudicial punishment (NJP) for wrongful use of marijuana.  Additionally, a Substance Abuse Control Officer determined you were not dependent on drugs.  On 21 November 1986, you received NJP for wrongful use of marijuana.  On 12 December 1986, you were notified of administrative discharge action for misconduct due to drug abuse.  After being afforded your procedural rights, you elected to waive your right to request to have your case heard before an administrative discharge board.  Your case was forwarded to the separation authority with the recommendation that you receive an other than honorable (OTH) discharge due to drug abuse.  On 29 December 1986, a staff judge advocate found your case to be sufficient in law and fact.  On 5 January 1987, the separation authority directed that you receive an OTH discharge due to drug abuse.  On 19 January 1987, you were discharged from the Marine Corps for misconduct due to drug abuse 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 you believe what you did was wrong but still feel you should receive Veterans Administration benefits.  The Board concluded these factors and assertions were not sufficient to warrant a change to your characterization of service, given your misconduct, which resulted in two NJPs for drug abuse.    
  
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,