Docket No: 707-19 
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 7 January 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 reenlisted in the Marine Corps on 31 March 1987.  On 16 July 1987, you received non-judicial punishment (NJP) for wrongful use of cocaine.  Subsequently, you were notified of pending administrative separation action by reason of misconduct due to drug abuse.  After you waived your rights, your commanding officer (CO) recommended that you be discharged with an other than honorable (OTH) characterization of service by reason of misconduct due to drug abuse.  The discharge authority approved this recommendation and directed an OTH discharge by reason of misconduct.  On 7 October 1987, you were discharged. 
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and contentions that your discharge was inequitable because of unfair practices, discrimination, and treatment by your superiors during your second enlistment, while stationed at Camp Pendleton.  Contentions that you need Department of Veterans Affairs (DVA) benefits in order to purchase a home, you have a prior honorable discharge, and today you are about to get married, with a son in college, and have a successful career as a carpenter.  In this regard, the Board concluded that your violation of the Navy’s “Zero Tolerance” drug policy outweighs your desire upgrade your discharge. 

In regard to your contentions that your discharge was inequitable because of unfair practices, discrimination, and treatment by your superiors, the Board noted that there is no evidence in your record, and you submitted none, to support your contention.  The Board also noted that the record shows that you were notified of and waived your right to present your case to an Administrative Discharge Board.  In doing so, you gave up your first and best opportunity to advocate for retention, assistance, or a more favorable characterization of service. 
 
In regard to your contention that you need DVA benefits in order to purchase a home, whether or not you are eligible for benefits to purchase a home is a matter under the cognizance of the DVA, and you should contact the nearest office of the DVA concerning your right to apply for benefits.  If you have been denied benefits, you should appeal that denial under procedures established by the DVA. 
 
In regard to your contention that you have a prior honorable discharge, the Board noted that a Marine’s service is characterized at the time of discharge based on performance during the current enlistment. 
 
In regard to your contention that you are about to get married, with a son in college, and have a successful career as a carpenter, the Board noted while commendable, your post service conduct does not excuse your conduct while enlisted in the Marine Corps or the basis for your 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.