DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 3204-21 Ref: Signature Date Dear This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code. 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 9 June 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, and 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). You enlisted in the Marine Corps and began a period of active duty on 23 July 1982. On 19 July 1983, you received non-judicial punishment (NJP) for violation of a naval regulation when found to be positive on a urinalysis test. On 11 January 1985, you received your second NJP for wrongful use of marijuana. On 1 February 1985, you were notified that you were being recommended for administrative discharge from the Marine Corps because of misconduct due to drug abuse. You were advised of, and waived, your procedural rights, including your right to consult with and be represented by military counsel, and your right to present your case to an administrative discharge board (ADB). Your commanding officer (CO) then forwarded your administrative separation package to the separation authority (SA) recommending administrative discharge from the Marine Corps with an other than honorable (OTH) characterization of service. The SA approved the CO’s recommendation and directed your OTH discharge from the Marine Corps by reason of misconduct due to drug abuse. On 26 February 1985, you were so discharged. 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 discharge. The Board also considered your assertion that you realize that your use of cannabis is inexcusable as a Marine, and you should have accepted your First Sergeant’s offer of rehabilitation during your Article 15. Your further assert that your cannabis use was not chronic or a habit; “it was a stupid decision on [your] part,” it went against the Marine Corps code, and it has been the biggest regret of your life to not have finished your four years. You further state that you have had osteochondritis in your left ankle since Parris Island and you were stationed at Camp Lejune for approximately 120 days, and since then your teeth and kidney problems are now awful, and you have tolerated the pain the best you could. Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief. Specifically, the Board determined that your misconduct, as evidenced by two NJPs for wrongful use of a controlled substance, outweighed these mitigating factors. Accordingly, given the totality of the circumstances, the Board determined that your request does not merit relief. Additionally, be advised you may be eligible for veterans’ benefits. Whether you are eligible for benefits is a matter under the cognizance of the Department of Veterans Affairs (VA), and you should contact the nearest office of the VA concerning your right to apply for benefits. If you have been denied benefits, you may be able to appeal that denial under procedures established by the VA. 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, 6/15/2021 Executive Director