DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 10028-18 Ref: Signature date This letter 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 that 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, sitting in executive session, considered your application on 16 October 2019. 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, applicable statutes, regulations, and policies. You enlisted in the Marine Corps and began a period of active duty on 19 April 2000. Your enlistment paperwork indicates you received a waiver for pre-service drug use. On 18 June 2001, you received nonjudicial punishment (NJP) for wrongful use of amphetamine/methamphetamine. Subsequently, you were notified of pending administrative action to separate you from the naval service by reason of misconduct due drug abuse. After consulting with legal counsel, you elected to present your case to an administrative discharge board (ADB). On 15 August 2001, an ADB recommended discharge under other than honorable (OTH) conditions by reason of misconduct due to drug abuse. Your commanding officer concurred with the ADB and recommended an OTH discharge. You requested to have the proposed administrative discharge suspended for a period of one year. The separation authority agreed with your CO’s and the ADB’s recommendations, denied the suspension request, and directed that you be discharged with an OTH characterization of service by reason of misconduct due to drug abuse. On 22 October 2001, you were so discharged. The Board carefully weighed all potentially mitigating factors in your case, including your post-service conduct and achievements, and your contentions that your characterization was given because of your pre-service drug waiver and that, at the time, you were still young a felt that you were not given the opportunity to show more. However, the Board concluded that these factors were insufficient to warrant relief in your case because of the seriousness of your misconduct that resulted in wrongful drug use in light of the Navy’s policy of “zero tolerance.” Regarding your contentions, the Board noted that you entered the service under a drug waiver and would have been advised that further drug use would result in processing for administrative separation. The Board also considered your youth and immaturity as factors in your behavior, but concluded that the severity of your misconduct outweighed your current desire to upgrade your discharge. 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 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, 11/4/2019