DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 1213-21 Ref: Signature Date Dear Petitioner: 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. A three-member panel of the Board, sitting in executive session, considered your application on 30 June 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, 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 December 2014. On 7 December 2016, you were questioned by the Naval Criminal Investigative Service (NCIS) concerning your suspected involvement in the use and possession of cocaine. During your questioning, you provided a statement to the NCIS admitting to the use of cocaine and marijuana. Subsequently, on 4 April 2017, you received non-judicial punishment (NJP) for wrongful use of cocaine. On 23 May 2017, you were notified that you were being recommended for administrative discharge from the Marine Corps by reason of Misconduct due to Drug Abuse. The notification advised that if separation was approved, the least favorable description of service authorized in your case would be under other than honorable (OTH) conditions. You were advised of, and waived your procedural rights, including your right to consult with and be represented by military counsel, and your right to present your case to an administrative discharge board (ADB). Unfortunately, your official military personnel file (OMPF) is incomplete in that it does not contain all the documents pertaining to your administrative discharge. In this regard, the Board relies on a presumption of regularity to support the official actions of public officers and, in the absence of substantial evidence to the contrary (as is the case at present), will presume that they have properly discharged their official duties. Your Certificate of Release or Discharge from Active Duty (DD Form 214), reveals that you were administratively discharged from the Marine Corps on 2 October 2017 with an other than honorable (OTH) characterization of service, your narrative reason for separation is “Misconduct (Drug Abuse),” your separation code is “HKK1,” and your reenlistment code is “RE-4B.” 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, change your reenlistment code and narrative reason for separation. The Board also considered your contentions that: 1) the underlying basis of your separation was procedurally defective at the time of the discharge; 2) the adverse action, to include the administrative discharge was unfair at the time; 3) your discharge is inequitable and has served its purpose; and 4) the command in this case did not have the proper authority to administratively separate you from the Marine Corps. 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 admission to the wrongful use of a controlled substance on several occasions, outweighed these mitigating factors. Additionally, the Board noted you waived your right to consult with military counsel, submit a statement, or have your case heard by an ADB, which was your chance for retention, and an opportunity to earn a better characterization of service. Additionally, even under the liberal consideration standard, the Board discerned no procedural defect, impropriety, or inequity in your discharge and determined your service was appropriately characterized as under other than honorable conditions. 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, 7/15/2021 Executive Director