Docket No: 6737-19 
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 for Correction of Naval Records, sitting in executive session, considered your application on 19 August 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 on 24 October 1979.  On 14 July 1980, a summary court martial (SCM) convicted you of unauthorized absence (UA) totaling 10 days.  On 19 August 1981, a second SCM convicted you of being absence from appointed place of duty and disobeying a lawful order.  On 15 March 1982, a special court-martial (SPCM) convicted you of two specifications of wrongfully transferring marijuana, three specification of wrongful possession of marijuana, and wrongfully selling marijuana.  You were sentenced to confinement for 30 days, forfeiture of pay, and a bad conduct discharge (BCD).  After the BCD was approved at all levels of review, on 8 November 1982, you were discharged.  
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and contention that marijuana has been decriminalized in the state of , where the incident occurred.  In this regard, the Board concluded that your two SCMs and SPCM convictions outweighed your desire upgrade your discharge. 

In regard to your contention that marijuana has been decriminalized in the state of North Carolina where the incident occurred.  The Board noted that your record reflected a violation of the Navy drug policy and the evidence of record did not show that you were not responsible for your conduct or that you should not be held accountable for your actions.  The Board also noted that the Navy’s “Zero Tolerance” drug policy is currently still in effect and no changes have been made to the 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 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,