Docket No: 6021-20 
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, to include the 25 July 2018 Under Secretary of Defense Memo on Guidance to Military Discharge Review Boards and Boards for Correction of Military / Naval Records Regarding Equity, Injustice, or Clemency Determinations. 
 
You enlisted in the Marine Corps on 30 May 1995.  However, in your pre-enlistment paperwork, signed on 9 March 1995, you failed to disclose your extensive drug abuse/use on your National Agency Questionnaire (DD Form 398-2).  Thereafter, on 9 June 1995, during a physical evaluation, you admitted to using marijuana over 2,000 times, cocaine twice, and crystal methamphetamine over 50 times.  As a result, you were recommended for separation from the Marine Corps.  Subsequently, you were notified of pending administrative separation action by reason of defective and fraudulent enlistment due to preservice drug abuse.  After you waived your rights, your CO recommended an uncharacterized characterization of service by reason of defective and fraudulent enlistment due to preservice drug abuse.  The discharge authority approved this recommendation and directed an entry-level separation due to defective and fraudulent.  On 19 June 1995, you were discharged.    
  
The Board carefully weighed all potentially mitigating factors such as your desire to upgrade your discharge, change your dates of service, and change your narrative reason for separation.   
The Board noted your contentions that the dates you served at Camp Pendleton are incorrect on your Certificate or Release or Discharge from Active Duty (DD Form 214) and your narrative reason for separation should state failure to adapt.  The Board also noted your contentions that you were subjected to intense mental abuse, emotional abuse, racist remarks, and the information you disclosed at amnesty was used against you.  However, the Board found that these factors were not sufficient to warrant changing your characterization of service and narrative reason for separation based on your admitted preservice drug abuse/use.  The Board noted that there is no evidence in your record, and you submitted none, to support your contentions, and the record shows that you were notified of and waived your right to present your case to an Administrative Discharge Board (ADB).  In doing so, you gave up your first and best opportunity to advocate for retention, assistance, or a more favorable characterization of service.  The Board also noted that you were notified of your separation processing within 180 days of the beginning of your period of active service.  Applicable regulations authorize an uncharacterized entry-level separation if the processing of an individual's separation begins within 180 days of the individual's entry on active service. 
 
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,