Docket No: 0940-20
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 26 October 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 and began a period of active duty on 15 September 1997.  On 12 May 1999, you were counseled concerning your use of a controlled substance, marijuana, identified through urinalysis testing, and advised of processing for administrative separation.  Subsequently, administrative separation action by reason of Misconduct – Drug Abuse, was initiated.  On 14 June 1999, you waived your right to counsel and an administrative board.  On 17 June 1999, your Commanding Officer recommended you be administratively separated with an Under Other than Honorable Conditions (OTH) discharge.   On 23 June 1999, the Commanding Officer,  recommended you be administratively separated with an OTH discharge.  On 29 July 1999, the Separation Authority directed you be administratively separated with an OTH discharge.  On 29 July 1999, you were discharged with an OTH discharge.   
 
You requested an upgrade of your discharge to General.  You said you tested positive on only one drug test and were not given a second chance because you were an Air Traffic Controller.  You asserted that almost any other MOS would have been given another chance, you still love the Marine Corps, and forfeited your GI Bill and college fund.   
 
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 discharge and contention that you were not given a second chance because you were an Air Traffic Controller.  Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief.  Specifically, the Board determined that your misconduct, as evidenced by your administrative separation, outweighed these 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 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,