DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 
Docket No: 2908-21 
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 21 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, 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 service on 23 May 1994. Prior to your enlistment, on 17 May 1994, you were notified of the Marine Corps Policy concerning the illegal use of drugs. Additionally, you disclosed your pre-service use of marijuana. Following your illegal use of marijuana in January 1995, on 2 February 1995, you signed a statement of understanding of the availability of treatment for substance abuse at a Veterans Administration Medical Center. On the same day, you declined treatment for substance abuse at the nearest Veteran’s Administration Medical Center. On 23 February 1995, you received non-judicial punishment for wrongful use of marijuana. As a result of the foregoing, on 5 April 1995, you were notified of the initiation of administrative separation proceedings by reason of misconduct due to drug abuse. On 6 April 1995, you waived your right to consult with counsel and to have your case reviewed by an administrative discharge board. On the same day, your commanding officer recommended your discharge from naval service, with an other than honorable (OTH) characterization of service. On 26 April 1995, the discharge authority approved and directed your separation from the naval service with an OTH characterization of service by reason of misconduct due to drug abuse. On 5 May 1995, 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 and contention you were not offered rehabilitation. You contend that it has been over 20 years and you would like an upgrade to help with COVID relief. Please note there is no provision in law or regulations that allows for re-characterization due solely to the passage of time, or for COVID relief. The Board noted you were sufficiently notified of the Marine Corps policy regarding the illegal use of drugs. Additionally, the Board noted your declination of rehabilitation for substance abuse. Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief. 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 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, 
6/7/2021 

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