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

Docket No: 869-19 
Ref: Signature Date 

This is in reference to your application of 9 December 2018 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 January 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 28 July 1981.  On 16 June 1983, you received non-judicial punishment (NJP) for wrongful use of marijuana.  On 27 July 1983, you appeared before the Squadron Administrative Discharge Screening Board (SADB) and were counseled on wrongful use of marijuana and where assistance was available.  On 18 August 1983, you received NJP for willfully and maliciously damaging government property and being disrespectful in language and deportment toward a non-commissioned officer (NCO).  Subsequently, you were notified of an administrative action to separate you from the naval service for misconduct due to a pattern of misconduct.  You consulted with counsel and waived your right to present your case to an administrative discharge board (ADB).  Your commanding officer (CO) recommended discharge under other than honorable (OTH) conditions by reason of misconduct due to a pattern of misconduct.  The discharge authority approved this recommendation and directed separation under other than honorable conditions by reason of misconduct.  On 9 December 1983, you were so discharged. 

The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge, contentions that your wife had a miscarriage and divorced you, which led you to abusing alcohol and you were never offered an opportunity to redeem yourself or seek medical treatment for your alcoholism.  The Board concluded that the seriousness of your misconduct outweighed your desire to upgrade your discharge. Regarding your contention that you were never offered an opportunity to redeem yourself or seek medical treatment for your alcoholism, the Board noted that there is no evidence in your record to support your contention of suffering from alcoholism while in the Marine Corps.  The Board also noted that the record contains documented evidence, which is contrary to your contention.  The record shows that on 27 July 1983, you appeared before the SADB and was counseled on wrongful use of marijuana and where assistance was available. 

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,