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

Docket No: 3643-21 
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. 

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 18 August 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 21 January 1999. On 9 March 2000, you received non-judicial punishment (NJP) for sleeping on duty and absent from your work section. On 3 February 2002, you received your second NJP for wrongful use of marijuana. On 22 March 2002, you were notified that you were being recommended for administrative discharge from the Marine Corps because of misconduct due to drug abuse. You were advised of, and exercised, your procedural right to consult with and to be represented by military counsel, and your right to present your case to an administrative discharge board (ADB). An ADB was convened and recommended that you be separated from the Marine Corps with an other than honorable (OTH) characterization of service. Your commanding officer (CO) then forwarded your administrative separation package to the separation authority (SA) recommending your administrative discharge from the Marine Corps with an OTH characterization of service. The SA approved the recommendation and directed your separation from the Marine Corps with an OTH characterization of service. On 10 September 2002, you were so discharged. 

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, submission of supporting documentation, and your contentions that: (a) the original message that was sent to your command had a discrepancy because your social security number was illegible, which caused the chain of custody to be broken; (b) your sample should never had been accepted as evidence without being sure, without a doubt, that it was your sample; and (c) since your discharge you have been a great member of society and have volunteered in your community. 

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 two NJPs that included wrongful use of a controlled substance in light of the Marine Corps’ zero tolerance policy, 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, 
9/1/2021