Docket No: 9502-19 
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 7 October 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. 
 
You enlisted in the Marine Corps on 2 March 1982.  On 16 December 1983, you received non-judicial punishment (NJP) for wrongful use of cannabinoids.  As a result, you were identified as a drug user, referred to the drug and alcohol center, and assigned to the command urinalysis surveillance program.  On 4 January 1984, you were counseled due to receiving a driving under the influence (DUI) charge in the city of  and as a result, you were referred to the alcohol counseling center and ordered to attend alcohol awareness classes.  On 1 May 1984, you were counseled on receiving an additional DUI in the city of  and referred to the alcohol counseling center.  On 31 May 1984, you received NJP for wrongful use of cannabinoids.  Subsequently, you were notified of pending administrative separation action by reason of misconduct due to drug abuse.  After consulting with counsel, you waived your right to a hearing before an administrative discharge board.  Your commanding officer (CO) recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse.  The discharge authority approved this recommendation and directed separation under other than honorable conditions by reason of misconduct.  On 14 August 1984, you were discharged.  
 
The Board carefully weighed all potentially mitigating factors such as your desire to upgrade your discharge and contentions that your discharge was too harsh, your CO told you to waive your rights, and that you did not receive treatment for drug addiction.  The Board noted no evidence in your record or application to support the contention that your CO told you to waive your rights.  Additionally, your record indicates that on 16 December 1983 and 4 January and 1 May 1984, you received counseling entries regarding your misconduct and referred to drug and alcohol counseling classes.  After careful consideration of the record, the Board did not find evidence of an error or injustice that warrants upgrading your 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,