Docket No: 2481-20 
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 15 January 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). 
 
You enlisted in the USMC with a waiver upon enlistment for marijuana usage and began a period of active duty on 7 July 1992.  On 22 October 1994, you were detained by U.S. Customs and Border Protection officials at the U.S. / Mexico with 220 Steroid tablets in your possession. On the same date, you were issued a fine for $5,000.00, which was later remitted to $500.00.  On 29 October 1994, you received nonjudicial punishment (NJP) for possession of an illegal substance.  On 20 January 1995, your S-6 Radio Chief submitted a letter and your Navy Achievement medal citation recommending you for further service in the USMC.  On 22 February 1995, your S-6 officer also submitted a letter and your Meritorious Mast citation recommending you for further service.  On 24 February 1995, you were notified of the initiation of administrative separation proceedings by reason of misconduct, specifically, possession of a controlled substance.  On 8 March 1995, you executed your right to consult with counsel and requested an Administrative Discharge Board (ADB) hearing.  On 27 April 1995, your commanding officer (CO) ordered the ADB.  On 28 April 1995, an administrative discharge board convened and determined you committed misconduct by reason of drug abuse.  The ADB recommended your discharge with an other than honorable (OTH) characterization of service without suspension of discharge.  On 18 May 1995, your CO concurred with the ADB findings and the medical officer evaluation findings and recommended your discharge with an OTH characterization of service by reason of misconduct-drug abuse.  On 19 July 1995, your administrative separation proceedings were determined to be sufficient in law and fact.  On 26 July 1995, the discharge authority concurred with your commanding officer’s recommendation and subsequently approved your discharged with an other than honorable OTH characterization of service by reason of misconduct-drug abuse.  You were discharged on 18 August 1995.   
 
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 contention that your general discharge should have been automatically upgraded to an honorable character of service after six months.  Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief.  Specifically, the Board determined that your repeated misconduct, as evidenced by your NJP, outweighed these mitigating factors.  The Board noted you did not submit any documentation or advocacy letters to be considered.  The Board further noted there is no provision of law or in Navy regulations that allows for re-characterization of service to be automatically upgraded after six months.”  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,