DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE  1001
ARLINGTON,  VA  22204-2490

Docket No: 0596-19 
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 23 September 2019. 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.

You enlisted in the Marine Corps and began a period of active duty on 31 July 1982. On 15 November 1983, you received nonjudicial punishment (NJP) for wrongful use of marijuana after you had a positive urinalysis test. On 10 January 1984, you had a second positive urinalysis for marijuana. On 21 April 1984, administrative discharge action was initiated by reason of misconduct due to drug abuse/use.  On 8 May 1984, the Chief of Naval Personnel (CNP) directed your command to issue you a written retention warning; therefore, on 14 May 1984, you were counseled regarding your misconduct and advised that further deficiencies in performance or conduct could result in administrative separation. On 6 May 1985, you had a third positive urinalysis.  On 7 May 1985, administrative discharge action was initiated.  After being afforded all of your procedural rights, you waived them, and your case was forwarded to the separation authority for review. Your commanding officer recommended that you receive an under other than honorable (OTH) discharge and the separation authority approved your separation from the Navy. On 14 June 1985, you received an OTH discharge. On 15 January 1986, you were informed of the Naval Discharge Review Board decision that there was no evidence of impropriety or inequity related to your discharge, therefore, your discharge was proper as issued and no change was warranted.

You requested the Board upgrade your discharge because you wanted to obtain Department of Veterans Affairs healthcare benefits. The Board carefully weighed all potentially mitigating factors and your record of service but concluded these factors were insufficient to warrant a change to your discharge given your misconduct of repeated drug use. The Board noted that you provided no evidence beyond your statement to support your petition. Absent such evidence, the Board relied upon the presumption of regularity and presumed that the relevant officials acted in good faith according to governing law and policy.

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,


10/21/2019
Executive Director