Docket No: 5434-19 
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 29 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 and applicable statutes, regulations and policies. 
 
You enlisted in the Marine Corps and began a period of active duty on 28 May 1980.  On 5 November 1981, you received non-judicial punishment (NJP) for wrongful use of marijuana.  On 29 April 1983, you received your second NJP for wrongful use of marijuana.  Subsequently, you were notified of pending administrative action to separate you from the naval service because of misconduct due to drug abuse.  You were advised of, and exercised, your procedural right, to consult with and be represented by military counsel, and your right to present your case to an administrative discharge board (ADB).  Your commanding officer recommended administrative discharge with an other than honorable (OTH) characterization of service.  An ADB was convened and determined that the preponderance of the evidence supported a finding of misconduct, and recommended that you be separated from the Marine Corps with an OTH characterization of service.  The separation authority approved the recommendation and directed your OTH discharge by reason of misconduct due to drug abuse.  On 24 April 1984, 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 contention that you were never caught with anything illegal; and that you served three years and eleven months.  The Board additionally considered that you would like to utilize VA benefits, such as the VA hospital, and that you are on SSI Disability.  After careful consideration, the Board concluded that these factors were not sufficient to warrant relief because of the seriousness of your repeated misconduct, which resulted in two NJPs involving wrongful use of a controlled substance.  Accordingly, 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 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,