Docket No: 7386-20
Ref: Signature Date              
 
 
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 20 November 2020.  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 22 June 1999 after receiving a pre-service drug waiver for marijuana use on three occasions.  On 1 August 2001, you received nonjudicial punishment for wrongful use and possession of ecstasy.  Subsequently, you were notified of pending administrative separation action by reason of misconduct due to drug abuse.  After you consulted counsel and waived your other procedural rights, your commanding officer forwarded your package to the separation authority (SA) recommending your discharge with an other than honorable (OTH) characterization of service by reason of misconduct due to drug abuse.  After the staff judge advocate deemed the administrative separation package sufficient in law and fact, the SA directed your discharge with an OTH characterization of service, and assigned a RE-4B (military or civil record of in-service drug involvement; no potential for further service) reentry code.  On 28 September 2001, you were discharged.  On 31 May 2013, the Naval Discharge Review Board (NDRB) upgraded your characterization of service to general, under honorable conditions.   
 
The Board carefully reviewed your application, weighed all potentially mitigating factors, and considered your contention that since your characterization of service was upgraded by NDRB, your reentry code should be upgraded as well.  Unfortunately, the Board did not find evidence of an error or injustice that warrants changing your reentry code nor did you submit any evidence in support of your request.   
 
The Board also considered your contention that the duration of your Law Enforcement (Military Police) Course was nine weeks vice four weeks as reflected on your DD Form 214 but noted there was insufficient evidence of an error or injustice because your record does not contain documentation supporting your request nor did you submit any documentation reflecting the course was nine weeks.  Additionally, any future request to change the length of the course should be directed to Headquarters Marine Corps. 
 
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.  Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant 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,