Docket No: 3881-21 
                        
  
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 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 20 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, 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 17 May 1997.  On 4 December 1998, you were counseled for illegal drug involvement during urinalysis.  You were advised that processing for administrative separation due to misconduct is mandatory.  On 5 December 1998, you received nonjudicial punishment (NJP) for wrongful use of a controlled substance.  On 18 December 1998, you were counseled for illegal drug involvement during urinalysis.  You were advised that processing for administrative separation due to misconduct is mandatory.  On 8 January 1999, you were convicted by summary court-martial (SCM) for wrongful use of a controlled substance.  You were reduced to the rank of E-1 and placed in confinement.  On 5 March 1999, you were notified of the initiation of administrative separation proceedings by reason of misconduct due to drug abuse.  On 11 March 1999, you elected to waive all your procedural rights.  On the same date, your commanding officer recommended an other than honorable (OTH) discharge by reason misconduct due to drug abuse.  On 23 April 1999, you were 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 contention that you performed your duties in an exemplary manner.  Your contention that you failed a drug test due to suffering from an addiction issue.  Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief.  Specifically, the Board determined that your repeated misconduct, as evidenced by your NJPs and SCM, outweighed these mitigating factors.  The Board noted you did not submit any documentation or advocacy letters to be considered.  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, 
9/1/2021
Executive Director