Docket No: 4500-20
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 was 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 2 November 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. 
  
On 16 November 1992, you signed the Marine Corps drug and alcohol abuse policy.  Thereafter, on 25 October 1993, you enlisted in the Marine Corps and began a period of active.  On 24 September 1995, you were counseled for inability to follow instructions.  On 11 March 1997, nonjudicial punishment (NJP) was imposed on you for Failure to Obey an Order by your Platoon Sergeant.  On 12 March 1997, you were counseled for failing to safeguard your ID.  On 23 April 1997, you were convicted at a Summary Court-Martial (SCM) of Wrongful Possession of Marijuana.  Subsequently, administrative separation action by reason of Misconduct – Drug Abuse, was initiated against you.  On 25 April 1997, you consulted counsel and waived an administrative board.  Thereafter, your Commanding Officer recommended you be administratively separated with an Under Other than Honorable Conditions (OTH) discharge.   On 5 May 1997, the Staff Judge Advocate to the Separation Authority found the administrative separation action legally sufficient.  On 7 May 1997, the Separation Authority directed you be administratively separated with an OTH discharge.  On 21 May 1997, you were discharged with an OTH discharge.   
 
You have requested an upgrade of your discharge to Honorable. In your request, you stated that you were a highly motivated Marine and to this day are still considered as such by friends and family. You asserted that you were raised to be a Marine and excelled as one while you served aboard the USS  in providing exterior security in .  You also asserted that everything ended at  because the unit was going through a purge in which ten personnel were serving time for drug offenses. You asserted that the unit was hyper-sensitive to drug use and you volunteered your personal vehicle during a search during in which the marijuana seed was found. You were found guilty of possession.  Finally, you asserted you could not, and still cannot, explain how a seed got into my newly purchased pre-owned vehicle.  The Board concluded these factors and assertions were not sufficient to warrant a change to your discharge status, given your misconduct, which resulted in NJP and a SCM conviction.   
  
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,