Docket No: 5846-20 
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 16 December 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 reenlisted in the Marine Corps on 10 December 1988.  During the period from 9 to 16 August 1990, you received two non-judicial punishments (NJP) for unauthorized absence (UA) totaling eight hours, disobeying a lawful order, making a false official statement and wrongful use of cocaine.  Subsequently, you were notified of pending administrative separation action by reason of misconduct due to drug abuse.  You elected to consult with legal counsel and subsequently requested an administrative discharge board (ADB).  The ADB found that you committed misconduct due to drug abuse, and recommended you receive a general under honorable conditions discharge due to drug abuse.  The discharge authority concurred with the ADB and directed a general discharge by reason of misconduct.  On 20 December 1990, you were discharged. 
  
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge, change your narrative reason for separation, and change your previous Certificate or Release or Discharge from Active Duty (DD Form 214) to show joint service and all awards and commendations.  The Board also noted your contentions that you were never offered rehabilitation, you were on track to complete 20 years, you completed an in-patient stay at the Department of Veteran Affairs (DVA), and have been drug free since your release.  In this regard, the Board concluded that your violation of the Navy’s “Zero Tolerance” drug policy outweighed your desire upgrade your discharge and change your narrative reason for separation. 
   
In regard to your contention that you were never offered rehabilitation, the Board noted that you were given an enlistment waiver for drug abuse after admitting to preservice drug/alcohol abuse, and you also acknowledged being fully aware of the zero tolerance policy regarding future substance abuse.  The Board also noted that you requested an ADB, and the ADB determined you committed misconduct due to drug abuse and recommended you be discharged for the Marine Corps with a general discharge, which entitled you to receive DVA services for your drug problem.  In regard to your contention that you were on track to complete 20 years, the Board noted that a Marine’s service is characterized at the time of discharge based on performance during the current enlistment.  Regarding your contentions that you completed an in-patient stay at the DVA and have been drug free since your release, the Board noted while commendable, your post service conduct does not excuse your conduct while enlisted in the Marine Corps or the basis for your discharge.  In regard to changing your previous DD Form 214 to show joint service and all awards and commendation, the Board noted that your previous DD 214 was issued by the U. S. Army and you need to contact the Army regarding your request for changes.   
 
In reviewing your separation and characterization of service, the Board considered the totality of the circumstances to determine whether relief is appropriate today in the interests of justice in accordance with guidance provided by the Under Secretary of Defense for Personnel and Readiness (Wilkie Memo of 25 July 2018).    However, even in light of the USD Memo, the Board still concluded given the totality of the circumstances, your request does not merit relief. 
 
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,