Docket No: 7843-19 
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 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. 
 
Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issue(s) involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 
 
You reenlisted in the Marine Corps on 11 February 1982.  The Board noted you had two previous periods of honorable service in the Marine Corps:  11 October 1974 to 11 May 1978, and 12 May 1978 to 11 February 1982.  On 11 October 1985, you were convicted by special court-martial (SPCM) of wrongful use of cocaine.  As punishment, you were awarded confinement, forfeiture of pay and reduction in rank.  On 7 May 1986, you were notified of pending administrative action to separate you from the naval service because of misconduct due to drug abuse.  You were advised of, and elected your procedural right to consult with and be represented by military counsel, and your right to present your case to an administrative discharge board (ADB).  On 16 June 1986, an ADB was convened and determined that the preponderance of the evidence supported a finding of misconduct and recommended that you be separated from the Marine Corps with OTH characterization of service.  The separation authority approved the recommendation and directed your OTH discharge by reason of misconduct due to drug abuse.  On 15 July 1986, you were so discharged. 
 
The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge.  The Board considered your contention that you believe over the years since the incident occurred, you have proven to be an upstanding citizen who has learned from the mistakes made during your youth.  As such, you would like your military record to reflect who you truly are, a responsible and productive member of society.  After careful consideration, the Board concluded that these factors were not sufficient to warrant relief in your case because of the seriousness of your misconduct that resulted in a SPCM conviction involving wrongful use of a controlled substance.  Accordingly, under the totality of the circumstances, the Board discerned no probable material error or injustice in the discharge. 
 
Additionally, be advised that the Board believes that you are eligible for veterans’ benefits which accrued during your prior periods of honorable service.  However, your eligibility is a matter under the cognizance of the Department of Veteran Affairs (VA).  In this regard, you should contact the nearest VA office concerning your rights, specifically, whether or not you are eligible for benefits based on your prior periods of honorable 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,