DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 8020-19 Ref: Signature Date This is in reference to your application of 21 June 2019 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 that 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 14 April 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, relevant portions of your naval record, and applicable statutes, regulations, and policies. You enlisted in the Marine Corps and began a period of active service on 5 December 1986. On 15 May 1987, you received non-judicial punishment (NJP) for unauthorized absence (UA). On 9 January 1989, you received a second NJP for failure to obey a lawful order. On 27 June 1989, you received a third NJP for wrongful use of cocaine. On 6 July 1989, you were counseled and advised that failure to take corrective action could result in administrative separation and judicial proceedings. On 26 September 1989, you received a fourth NJP for wrongful use of cocaine. On 24 October 1989, an administrative action to separate you from the naval service was initiated for misconduct due to drug abuse. After being afforded all of your procedural rights, you consulted with counsel, and waived your right to present your case to an administrative discharge board. Your case was forwarded to the separation authority for review. Your commanding officer recommended that you receive an under other than honorable (OTH) characterization of service and the separation authority approved your separation from the Marine Corps. On 1 December 1989, you were discharged with an OTH characterization of service. You request the Board upgrade your discharge; however, you did not specify the characterization of service you are seeking. You assert that your misconduct was related to your difficulty dealing with the death of your grandfather, and you used drugs and alcohol to cope. You state you were a good Marine, you graduated from NCO school and had high marks in physical fitness. In support of your petition, you attached an extensive personal statement about your difficult childhood. You state your mother was against you joining the Marines and told you: “America does not care and won’t do right by us black folks and never have.” However, your grandfathers convinced her and you enlisted at age at 17. You wanted administration, but could not type fast enough, so you got motor transport. You claimed you were called “nigger” in boot camp and in by other Marines. After being discharged, your wife did not stand by you. You were too ashamed to go home, and have attempted suicide three times. You state you “got clean in December 1995, and will never use drugs or alcohol again.” Lastly, you are currently incarcerated for a crime that you claim you did not commit. The Board carefully weighed all potentially mitigating factors in your case, including your record of service and contentions and concluded these factors were not sufficient to warrant a change to your discharge given your misconduct that resulted in four NJPs. The Board concluded that your current characterization does not reflect an error or injustice that merits corrective action. 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. Sincerely, 5/5/2020