Docket No: 0862-20 
Date: Ref Signature 
             
 
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 13 November 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. 
 
You enlisted in the Marine Corps began a period of active service on 9 June 1997.  On 11 June 1998, you received non-judicial punishment (NJP) for wrongful use of a controlled substance (i.e., marijuana).  On 24 June 1998, you were notified of the initiation of administrative separation proceedings by reason of misconduct due to drug abuse, at which point, you waived your right to consult with counsel and your right to a hearing by an administrative discharge board.  On 25 June 1998, you received NJP for unauthorized absence and failure to obey a written order.  On 8 July 1998, your commanding officer (CO) forwarded your package to the separation authority recommending your discharge from the service by reason of misconduct due to drug abuse, with an other than honorable (OTH) characterization of service.  Your CO’s recommendation was approved, and you were discharged on 5 August 1998.  
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge.  You contend that: (a) you were informed at the time of your discharge that you would be eligible for an upgrade of your characterization of service within a year; (b) you have had a rough life since your discharge and expressed your desire to improve your life by upgrading your current characterization of service.  Please note that there is no provision in law or regulation that provides for an upgrade of characterization based solely on the passage of time.  After careful consideration of your contentions, the Board did not find evidence of an error or injustice that warrants upgrading your characterization of service.   
 
In reviewing the circumstances of your separation and characterization of service, the Board considered the totality of the circumstances to determine whether relief is appropriate today in the interests of justice in accordance with guidance provided by the Under Secretary of Defense for Personnel and Readiness (Wilkie Memo of 25 July 2018).  Accordingly, the Board considered and acknowledged your positive contributions to the Marine Corps, the length of your active duty service to our nation, and your post-discharge achievements. However, even in light of the USD Memo, the Board still concluded given the totality of the circumstances, your request does not merit relief. 
 
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,