Docket No: 5198-20            
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 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, sitting in executive session, considered your application on 21 September 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. 
 
You enlisted in the Marine Corps and began a period of active duty on 11 February 1991.  On 21 January 1993, you received nonjudicial punishment (NJP) for wrongful use of cocaine.  On 2 March 1993, Commanding Officer (CO), , Fleet Marine Force, notified you of administrative separation processing by reason of misconduct due to drug abuse.  You chose not to consult with counsel, and you waived your right to appear before an administrative separation board.  On 24 March 1993, you were discharged from the Marine Corps on the basis of Misconduct-Drug Abuse, and received an other than honorable (OTH) discharge. 
 
In your application for consideration, you ask that your OTH discharge characterization be upgraded, that your separation code be changed to “KND,” and that your narrative reason for separation be changed to “Miscellaneous/General/Other.” You provide a memorandum with exhibits in support of your request in which you are a Marine Corps veteran of the Gulf War Era.  You spent months at sea, came home, and were ridiculed and teased for having joined the Marine Corps.  You assert that in a moment of weakness, you used a controlled substance.  You were discharged from the Marine Corps with an OTH discharge after a single incident of drug abuse.  You submit a personal statement and character letters for the Board’s consideration.   
 
The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, including your contention that you had a one-time lapse in judgment and that the current discharge does not properly reflect who you were as an active duty Marine or who you are as a person today.  The Board also took into account your youth, the circumstances of your wrongful use, and your willingness to take responsibility for your actions.  The Board weighed your post-discharge contributions to your community as a volunteer, your dedication to your family, and your career with the City of Boston.  Even taking into account your in-service situation and your post-discharge achievements, the Board found that your discharge does not merit clemency.  The Board determined that the seriousness of the wrongful use of cocaine while on active duty is such that is it not overcome by the information provided in your application.  The Board concluded that the use of cocaine, even though it appears to have been an isolated event, supports the issuance of OTH discharge, and the resultant narrative reason for separation, separation code, and reentry code.  The Board determined that your current discharged does not reflect an error or an injustice.   
 
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, 
 
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