Docket No: 5740-19 
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 20 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, relevant portions of your naval record, as well as applicable statutes, regulations, and policies. 
 
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 issues involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 
 
You enlisted in the Marine Corps and began a period of active duty on 15 July 1982.  On 24 June 1983, you refused nonjudicial punishment (NJP) for Wrongful Use of Marijuana and were advised that your refusal would result in processing for administrative discharge.  On 20 July 1983, you were notified of administrative separation proceedings against you by reason of misconduct due to drug use, which included notification that the least favorable characterization of service you might receive would be under Other Than Honorable (OTH) conditions.  On 21 July 1983, you waived your right to consult with counsel and your right to request a hearing before an Administrative Discharge Board.  On 22 July 1983, your Commanding Officer forwarded your case to the Commanding General (GC), recommending administrative discharge under OTH conditions.  On 26 July 1983, the GC directed you be discharged with an OTH characterization of service.  You were subsequently discharged from the Marine Corps on 15 August 1983, with an OTH characterization of service. 
 
You requested an upgrade of your discharge characterization from OTH to Honorable.  You stated that you were led to believe that refusing NJP would relieve you of duty and you would get an Honorable discharge.  You also stated that you were a young kid when you enlisted and were promoted meritoriously.  The Board concluded these factors and assertions were not sufficient to warrant a change to your discharge characterization given your misconduct.  The Board noted that you waived your rights with regard to discharge proceedings.  By doing so, you waived your first, and best, opportunity to advocate for retention, or a more favorable characterization of 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,