Docket No: 2996-18  
Ref:  Signature Date 
 
Dear  
 
This letter 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   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, as well as applicable statutes, regulations, and policies. 
 
You enlisted in the Marine Corps and began a period of active duty on   You received your other than honorable (OTH) discharge on  based on misconduct due to drug abuse.  You had been punished at nonjudicial punishment (NJP) twice for wrongful possession and use of marijuana.  In your petition, you state that you received a discharge for the good of the service after the Department of Veterans Affairs (VA) stated your service was “dishonorable for VA purposes.”  
 
The Board presumed that you were requesting an upgrade to your characterization of service and carefully weighed all potentially mitigating factors.  The Board noted that, given your in service misconduct, an OTH characterization based upon drug abuse was warranted.  The Board concluded there was no probable material error or injustice, and you presented none, upon which to change your discharge characterization. 
 
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.