DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490

No:  786-20 
Ref: Signature date 

Dear : 

This is in reference to your application of 7 January 2020 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 that 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 April 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.
 
Regarding your request for a personal appearance, Board regulations state that personal appearances before the Board are not granted as a right, but only when the Board determines that such an appearance will serve some useful purpose.  In your case, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record.
 
You enlisted in the Marine Corps and began a period of active duty on 9 August 1996. Prior to your enlistment, you signed the Marine Corps policy on drug abuse.  On 8 October 1997, you were permanently decertified from the Personnel Reliability Program, due to alcohol dependence.  On 12 April 1999, the Staff Judge Advocate to the separation authority found the package legally sufficient and recommended that you be separated with an OTH characterization of service.  On 14 April 1999, the separation authority directed that you be separated with an OTH characterization of service.  On 20 April 1999, you were so discharged. 

Although your complete administrative separation documentation was not included in your record, based on your DD Form 214, you were discharged with an Other than Honorable characterization of service for misconduct due to drug abuse, a RE-4 reentry code and a separation code of “HKK1.”  The Board carefully weighed all potentially mitigating factors, including your desire to upgrade your discharge, and assertions that you were diagnosed with a mental illness of alcoholism.  The Board also considered your assertions that you injured your ankle on two occasions and abused alcohol and marijuana until you went to rehabilitation.  Finally, the Board considered your assertions that you were young, angry, immature and addicted to alcohol.  You state that you have been sober since 2009, became a registered nurse, and your goal is to work at your local VA to help military members who are struggling with substances.  The Board concluded these factors and assertions were not sufficient to warrant a change to your discharge given your misconduct, which resulted in administrative separation for wrongful drug use.
 
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 the 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,