Docket No: 7146-19 
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 9 September 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 13 September 1979.  On 24 January 1980, a summary court-martial convicted you of possession of marijuana and resisting apprehension.  On 15 September 1980, a special court-martial convicted you of two specifications of wrongful possession of marijuana.  On 6 August 1981, you received a psychiatry evaluation which noted you were responsible for your actions and had “no psych disease.”  During the period from 15 March 1982 to 12 July 1983, you received three non-judicial punishments for two specifications of absence from your appointed place of duty, committing an indecent assault, derelict in the performance of duty, two specifications of disobeying a lawful order, and wrongful use of marijuana.  Subsequently, you were notified of pending administrative separation action by reason of misconduct due to drug abuse.  After electing to waive your rights, your commanding officer (CO) forwarded your case to the separation authority recommended discharge under other than honorable (OTH) conditions by reason of misconduct due to drug abuse.  Your CO’s recommendation was approved, and on 19 August 1983, you were discharged with an OTH characterization of service.  
 
The Board carefully weighed all potentially mitigating factors, such as the information you provided from    Apartments, character letters, your desire to upgrade your discharge, and contention that 35 years have passed since discharge, and that you changed your life and became a contributing asset to the community and society.  The Board also noted your contention that other options could have been offered to assist in changing your behavior before discharging you with an OTH discharge.  In this regard, the Board concluded that your misconduct and violation of the Navy’s “Zero Tolerance” drug policy outweighed your desire upgrade your discharge.  
 
In regard to your contention that 35 years have passed since discharge, the Board noted that there is no provision in law or regulations that allows for re-characterization of a discharge due solely to the passage of time.  In regard to your contention that you changed your life and became a contributing asset to the community and society, the Board noted that while commendable, your post service conduct does not outweigh your conduct while enlisted in the Marine Corps or the basis for your discharge.  Regarding your contention that other options could have been offered to assist in changing your behavior before discharging you with an OTH discharge, the Board noted that after you consulted with counsel, you waived your right to present your case to an administrative board.  In doing so, you gave up your first and best opportunity to advocate for retention, assistance, or a more favorable characterization of service. 
 
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,