Docket No: 7190-19 
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 (the 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 11 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, policies.   
 
You enlisted in the Marine Corps on 3 February 1987 after admitting to using marijuana on five occasions prior to enlistment.  On 8 June 1988, you received nonjudicial punishment for wrongful use of marijuana.  Your record is incomplete in that it does not contain all the documents pertaining to your administrative discharge but, based on your Certificate of Release or Discharge from Active Duty (DD Form 214), it appears that after you waived your procedural rights, the separation authority directed discharge with an other than honorable (OTH) characterization of service by reason of misconduct due to drug abuse.  On 8 July 1988, you received an OTH discharge. 
 
The Board carefully reviewed your application, weighed all potentially mitigating factors, and considered your contentions that you were “in error for the incident that happened,” it was a “one-time incident,” and you have changed and “this is not the person I am.”  You further expressed your regret and submitted advocacy letters from your mother and from a long-time friend explaining that your drug use was caused by “stress and psychological abuse,” and that you are in need of an upgraded discharge because you continue to experience medical problems.  Unfortunately, after careful consideration of your contentions, the Board did not find evidence of an error or injustice that warrants upgrading your characterization of service or sufficient evidence to warrant clemency.  Even under the liberal consideration standard, the Board found your misconduct warranted an OTH 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,