Dear This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code. 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 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 26 March 2021. The names and votes of the panel members 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 the 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 guidance from the Under Secretary of Defense for Personnel and Readiness regarding equity, injustice or clemency determinations (Wilkie Memo). You enlisted in the Marine Corps on 10 January 1972. As part of your pre-service enlistment representations on 10 January 1972, you certified you had not ever used lysergic acid diethylamide (LSD), marijuana, opiates, peyote, sniffed glue, or used any hallucinogens, hypnotics, stimulants, or other known harmful or habit-forming drugs and/or chemicals. However, on 12 January 1972 you provided a voluntary written statement at Marine Corps admitting that you started wrongfully using controlled substances in August of 1968, and that you specifically used LSD, marijuana, and hashish on diverse occasions. On 12 January 1972 you were notified that you were being processed for an administrative discharge by reason of misconduct due to pre-service drug use. You waived in writing your rights to consult with counsel, submit written statements on your behalf, and to present your case to an administrative separation board. In the interim, on 13 January 1972 you underwent a psychiatric evaluation and the Medical Officer determined that you did not have an incapacitating physical or mental disability. On an MCRD Fraudulent Enlistment Report dated 6 February 1972, your chain of command recommended your separation from the Marine Corps with a general (under honorable conditions) (GEN) characterization of service. Ultimately, on 2 March 1972 you were separated from the Marine Corps with a GEN discharge and received an RE-4 reentry code. In this regard, you were assigned the correct characterization and reentry code based on your factual situation. The Board carefully considered all potentially mitigating factors to determine whether the interests of justice warrant relief in your case in accordance with the Wilkie Memo. These included, but were not limited to: (a) your chain of command made a material error of discretion by giving you an unduly harsh characterization of service and did not give you the chance to prove your worth, (b) your chain of command made a material error of discretion by discharging you with a GEN characterization of service given that you were only in the service for not even two months, (c) your chain of command did not take into consideration your potential for faithful service but instead focused solely on your previous drug use and their perceived lack of motivation resulting in your discharge, (d) your post-service accomplishments and contributions to your country and national security since your discharge demonstrate your character and ability to bounce back from the mistakes you made in your youth and warrant a discharge upgrade, (e) while you did falsely state on your enlistment documents that you had no prior drug use, it should have been taken into consideration by your chain of command that you were only 17 years old at the time and had only completed 10th grade, (f) the GEN discharge was unnecessary and too harsh when the totality of the circumstances are evaluated, and (g) you have been improperly stigmatized and harmed by your GEN characterization. However, based upon this review, the Board concluded that these potentially mitigating factors were not persuasive and insufficient to warrant relief. The Board did not believe that your record was otherwise so meritorious to deserve a discharge upgrade or change in your reentry code, and the Board determined that Marines should receive no higher discharge characterization and reentry code than is due. The Board concluded that significant negative aspects of your conduct and/or performance greatly outweighed any positive aspects of your military record during your brief military service. Furthermore, the Board determined that the evidence of record did not demonstrate that you were not mentally responsible for your conduct or that you should not be held accountable for your actions. The Board unequivocally determined that you had an absolute legal, moral, and ethical obligation to remain truthful on your enlistment paperwork. Had you properly and fully disclosed your entire pre-service drug abuse history you would have been disqualified from enlisting. The Board concluded that your intentional failure to disclose such pervasive drug abuse could also have formed the basis of a fraudulent enlistment charge prior to your administrative separation. Accordingly, the Board concluded that you received the correct discharge characterization and reentry code based on your overall circumstances and such characterization and reentry code were in accordance with all Department of the Navy directives and policy at the time of your discharge. The Board carefully considered any matters submitted regarding your post-service conduct and accomplishments, however, even in light of the Wilkie Memo and reviewing the record holistically, the Board still concluded that given the totality of the circumstances your request does not merit relief. 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,