pocket No: 3112-20 
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 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 for Correction of Naval Records, sitting in executive session, considered your application on 27 July 2020.  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 that a personal appearance with or without counsel will not materially add to its understanding of the issues involved.  Therefore, the Board determined that 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 11 August 1992.  You received two Meritorious Masts and a Navy Achievement Medal from October 1993 through March 1994.  In December 1994, you received nonjudicial punishment (NJP) for violating a lawful order by operating a privately owned vehicle while on revocation of driving privileges.  On 21 June 1995, you received a second NJP for apprehension by military authorities for shoplifting at the PX.  On 5 November 1996, you were found guilty at general court martial proceedings for violating the Uniform Code of Military Justice Article 81 (conspiring with two fellow Marines to distribute cocaine and providing one of the Marines cocaine for distribution)   and Article 112a (wrongful distribution).  The Court sentenced you to a dishonorable discharge, eight years confinement, forfeiture of all pay and allowances, and reduction to pay grade E-1.  You were discharged from the Marine Corps on 16 April 2001, with a dishonorable discharge. 
 
You have requested a change to your record to reflect a general characterization of service.  In your request, you apologize for putting yourself in the situation, and state that you wish to be responsible for your actions.  You have also noted that you would like to be there for your family in every way possible, and that you served four years in military prison at  with no infractions during your stay.  Since your release, you have been a model citizen, are a notary, and have helped your community with financial services, to include assisting with the mortgage crisis of 2008, and now providing masks, gloves, hand sanitizer, and cleaning supplies in response to COVID 19.  You have also noted that at the time of your misconduct in the Marine Corps, you were young and did not know now to handle the situation. 
 
The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, including your youth at the time of your misconduct, your remorse, and your sustained and ongoing contributions to your community.  When determining whether clemency is appropriate, or whether an error or injustice occurred with the issuance of the dishonorable discharge, the Board considered that you served your confinement without disciplinary incident and noted your post-discharge character and achievements.  The Board found, however, that the seriousness of conspiracy and wrongful distribution of cocaine with fellow Marines was not overcome by the mitigating factors you presented in your application.  The Board concluded that your dishonorable discharge was warranted due to the gravity of the misconduct for which you were found guilty at general court martial proceedings.     
 
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, 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,