Docket No: 4749-19 
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 1 July 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 24 November 1986.  On 31 May 1989, you received non-judicial punishment (NJP) for two specifications of unauthorized absence (UA).  On 3 August 1989, you received NJP for two specifications of UA and wrongful use of a controlled substance-cocaine.  On 18 August 1989, you were counseled regarding your misconduct.  On 28 May 1993, you submitted a request for discharge in lieu of trial by court-martial for the following charge: UA from 5 October 1989 to 6 April 1993.  On 3 June 1993, your commanding officer recommended disapproval of your request for discharge in lieu of trial by court-martial.  On 24 June 1993, the discharge authority approved and directed your discharge with an other than honorable (OTH) characterization of service in lieu of trial by court-martial.  On 1 July 1993, you were discharged. 
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and contention of regret for your actions.  You state, you experienced racism so severe that it lead to your drug use, and, when you sought help, you were ostracized rather than offered assistance.  This situation led you to have thoughts of suicide.  The Board also considered your current need for help.  However, after careful consideration of your contentions, the Board determined that, based on your significant misconduct, your discharge is appropriate as issued.   
 
If you are a Veteran in crisis, please contact the Veterans’ Crisis Line at 1-800-273-8255 and then press 1.  This line is available 24 hours a day, 7 days a week.  No matter what you are experiencing, there are resources and support systems to help.  Whether you are looking for clinical care, counseling, assistance with benefits, or something else, the Veterans’ Crisis Line can help you find resources and assistance close to you.  
 
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,