Docket No: 7966-20 
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.     
 
Because your application was submitted with new evidence not previously considered, the Board found it in the interest of justice to review your application.  Your current request has been carefully examined by a three-member panel of the Board, sitting in executive session on 5 April 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, 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 26 September 1990.  Prior to active service you signed a statement of understanding of Marine Corps Policy concerning illegal use of drugs.  On 7 October 1991, you received your first confirmed positive urinalysis for cocaine use.  On 30 October 1991, you received your second confirmed positive urinalysis for cocaine use.  On 7 November 1991, a medical officer determined that you were physiologically and psychologically dependent on alcohol and drugs (cocaine), respectively.  You were recommended for Level II or III treatment and afforded an opportunity to attend the Veteran’s Administration Drug and Alcohol Program in conjunction with discharge.  However, you refused that treatment.  Subsequently, on 18 November 1991, you were notified of pending administrative separation processing by reason of misconduct, specifically due to drug abuse and requested a hearing before an administrative discharge board (ADB).  After consulting with counsel, you elected to waive your rights to a hearing before an ADB and, in lieu of the hearing, elected to provide a written rebuttal to the proposed separation.  Further, you were notified of the commanding officer’s intent to recommend to the discharge authority that you be discharged with an other than honorable (OTH) characterization of service by reason of misconduct, specifically due to drug abuse.  After the Staff Judge Advocate determined that the administrative separation process was sufficient in law in fact, the discharge authority directed your discharge with an OTH characterization of service by reason of misconduct, specifically due to drug abuse.  Prior to discharge, on 2 January 1992, you underwent testicular surgery.  On 3 February 1992, you were discharged with an OTH characterization of service.  On 12 March 1993, the Naval Discharge Review Board reviewed your case and determined that the discharge was proper as issued and no change was warranted.   
 
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, your desire to upgrade your characterization of service and your contentions that you made a mistake using illegal drugs, and had a hard time coping with your mother’s diagnosis of terminal cancer and your pending surgery.  The Board further considered your remorse, your willingness to take responsibility for your misconduct, your statement that you are a good man, and your post-service accomplishments.  However, based upon this review, the Board concluded there was insufficient evidence to warrant relief despite your commendable post-service accomplishments.  Specifically, the board determined your multiple cocaine use outweighed the above mitigating factors.  Accordingly, given the totality of the circumstances, the Board determined that your request does not merit relief.   
 
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,