Docket No: 2772-21 
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 relevant portions of your naval record and your application, the Board for Correction of Naval Records (Board) found the evidence submitted 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 24 May 2021.  The names and votes of the panel members 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 the 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, applicable statutes, regulations, and policies, to include the 25 July 2018 guidance from the Under Secretary of Defense for Personnel and Readiness regarding equity, injustice or clemency determinations (Wilkie Memo). 
 
The Board determined that your personal appearance, with or without counsel, would not materially add to their understanding of the issues involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 
 
You enlisted in the U.S. Marine Corps (after receiving a waiver for the prior use of marijuana) and began a period of active duty on 24 October 1983.  On 29 April 1984, you received your first non-judicial punishment (NJP) for failure to obey a lawful order, to wit:  you had alcohol in your room.  On 20 April 1985, you received an administrative counseling entry for your illegal use of drugs.  You were also notified that you would be retained and advised that any further deficiencies in performance or conduct may result in disciplinary action or processing for administrative separation.  From 5 May 1986 to 25 September 1986, you received an additional five (5) administrative counseling entries concerning the following:  your unauthorized wear of civilian attire while on liberty (earrings); your attitude and poor performance of duty while assigned to guard; your failure to maintain financial responsibilities and uttering bad checks; your termination from TAD due to your sustained substantiated conduct; and your frequent involvement with military authorities and actions of assault.  On 3 October 1986, you received a second NJP for wrongful use of marijuana.  Subsequently, on 8 October 1986, you were notified of pending administrative separation by reason of misconduct, specifically drug abuse, at which time, after consulting with counsel, you waived your procedural rights to an administrative discharge board.  Further, you were notified of the Commanding Officer’s intent to recommend to the discharge authority that you be discharged with an other than honorable (OTH) characterization of service.  On 27 October 1986, the Staff Judge Advocate determined the proceedings were sufficient in law and fact.  Subsequently, the discharge authority directed discharge with an OTH characterization of service by reason of misconduct, specifically drug abuse.  On 20 November 1986, you were discharged with an OTH characterization of service.    
 
The Board carefully reviewed your application, weighed all potentially mitigating factors, and considered your contentions that you did not receive a bad conduct discharge, you were told your discharge would be upgraded to an Honorable in six (6) months to a year, and you were under the impression that the information provided was the truth.  The Board concluded there was insufficient evidence of an error or injustice that warrants granting clemency in the form of an upgraded characterization of service.   
 
The Board carefully considered all potentially mitigating factors to determine whether the interests of justice warrant relief in your case in accordance with the Wilkie Memo.  These included, but were not limited to, your desire to upgrade your characterization of service based on your contentions above.  The Board further noted you did not submit advocacy letters or post-service documents to be considered for clemency purposes.  Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief.  Specifically, the Board determined that your repeated misconduct, specifically drug usage on two separate occasions, outweighed these mitigating factors.  Accordingly, given the totality of the circumstances, the Board determined that your request does not merit relief.    
 
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, 
  									      6/3/2021
 									      Executive Director