Docket No: 2942-20            
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 16 November 2020.  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 Navy and began a period of active duty on 4 February 2002.  On 14 May 2003, you were found guilty at summary court-martial (SCM) for wrongful use of marijuana.  However, prior to your SCM, on 8 May 2003, you were notified of administrative separation proceedings against you on the basis of misconduct due to drug abuse.  You waived your procedural rights, including your right to consult with counsel and your right to request an Administrative board.  On 30 May 2003, Commanding Officer, USS  forwarded your case to the separation authority recommending your discharge with an other than honorable (OTH) characterization of service.  The recommendation was approved and you were discharged on 11 June 2003, on the basis of misconduct due to drug abuse, with an OTH characterization of service and a reentry (RE) code of RE-4. 
 
In your application to the Board, you ask that your OTH discharge be upgraded to reflect an honorable characterization of service.  You believe your current characterization to be unjust because the discharge was based on one isolated incident from wrongful use of marijuana.  You note that the use of marijuana is now legal.  You also cite your service in support of Operation Enduring Freedom and Southern Watch, and state that you performed your duties proudly and in an extraordinary manner.   
 
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:  the change in some laws regarding the use of marijuana; and the fact that you had a single drug incident in the Navy; and your statement regarding your contributions to Operation Enduring Freedom and Southern Watch.  The Board reviewed your available service record and noted that you had a total of 11 months and 5 days of Sea Service.  The Board also considered that your evaluation for the period of 26 March 2002 through 15 July 2002, indicates that you served as a Magazine Maintenance Man onboard the USS  .  However, based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief.  Specifically, the Board determined that your misconduct outweighed these mitigating factors.  The Board found that the information you provided in your application was insufficient to overcome the seriousness of wrongful use of marijuana while on active duty.  The Board determined that despite the changes in the law with regard to marijuana usage, and even in consideration of your sole incident of use, your OTH discharge was issued without error or injustice.  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,