Docket No: 2820-18 

Dear 

This is in reference to your application for correction of your naval record pursuant to the 
provisions of 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 28 
March 2019. 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. 

Regarding your request for a personal appearance, the Board determined a personal appearance 
with or without counsel would not materially add to their understanding of the issues involved. 
Therefore, the Board determined a personal appearance was not necessary and considered your 
case based on the evidence of record. 

You enlisted in the Marine Corps and began a period of active duty on 19 June 2000. It appears 
you served without disciplinary incident until 23 January 2003 when you were convicted by 
general court-martial (GCM) for wrongful possession of ketamine with intent to distribute and 
wrongful importation of ketamine into the customs territory of the United States. You were 
awarded confinement, reduction in rank, forfeiture of pay, and a dishonorable discharge (DD). 
The DD was subsequently approved at all levels of review, and, on 1 November 2004, you were 
dishonorably discharged and assigned a RE-4B (not recommended for reenlistment; drug 
involvement) reentry code. 

You contend that you were a “model Marine with unlimited potential” who served honorably for 
more than three years prior to your discharge. You further contend that you were young and 
immature at the time of your misconduct and do not contest any part of the GCM conviction or 
sentence but argue that it is inequitable to “continue punishing” you with this discharge after 
twelve years. You contend you have “repaid” your debt to society by fulfilling all imposed 
sentences so it is unjust that you continue to live with the consequences of the “unfortunate 
situation” which is “haunted by your actions and the fact you were not able to deploy with your 
fellow Marines”. Additionally, you contend you have “turned your life around” and have no 
further legal problems and have “continually sought to improve yourself”. You are now a 
married, model citizen, respected member of your community who has a successful career and 
owns a home. “With respect and devotion to the Marines”, you request to be “counted among its 
honorably discharged members” which you “consider to be family”. 

The Board carefully weighed all potentially mitigating factors, each of the above contentions, 
and the evidence submitted in support of each. The Board, however, concluded these factors 
were not sufficient to warrant relief in your case given the severity of your misconduct. The 
Board also noted that, although it cannot set aside a conviction, it may grant clemency in the 
form of changing a characterization of service, even one awarded by a court-martial. 
Unfortunately, the Board did not find evidence of an error or injustice that warrants upgrading 
your dishonorable discharge or changing your reentry code to allow for reenlistment. 

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. 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.