DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No: 8296-19 
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 3 February 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 enlisted in the Marine Corps and began a period of active duty on 27 March 1974.  On 21 August 1974, you were pending charges for possession and use of marijuana.  After consulting with Counsel, you requested a good of the service separation in lieu of trial by court-martial (GOS/SILT).  On 28 August 1974, your commanding officer (CO) recommended approval of your GOS/SILT request.  In his endorsement, he wrote that you indicated you were disgruntled with the Marine Corps because you had been assigned a Military Occupational Specialty and a duty station you did not want or request.  Additionally, you informed your CO that you had used marijuana in the past and enjoyed it and that you would continue to use it in the future.  Lastly, you told your CO you would “go over the hill” (go UA) ifyou had to stand trial.  On 5 September 1974, your commanding general approved your GOS/SILT request.  On 25 September 1974, you were discharged with an other than honorable characterization of service. 

You request the Board upgrade your discharge to general (under honorable conditions).  You assert your characterization of service is excessive given the fact that you were not offered rehabilitation and because the laws regarding marijuana have changed.  In support of your petition, you attached a copy of your Congressional correspondence to Representative Robert B.  Aderholt (AL-R). 

The Board carefully weighed all potentially mitigating factors, such as your record of service and contentions and concluded these factors were not sufficient to warrant a change to your discharge given your misconduct of drug abuse.  With respect to your contentions, the Board noted your CO’s endorsement and that you provided no evidence to support your contentions.  Absent such evidence, the Board relied upon the presumption of regularity and presumed that the officials acted in accordance with governing law/policy and in good faith.  Lastly, there is no provision of law or in Navy regulations that allows for recharacterization of service due solely to the passage of time. 

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,