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

Docket No: 1452-18 
Ref: Signature date  

This is in reference to your application for correction of your naval record pursuant to the provisions of Title 10, United States Code, Section 1552. After careful and conscientious consideration of the entire record, the Board found 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 for Correction of Naval Records, sitting in executive session, considered your application on 17 April 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, and applicable statutes, regulations, and policies. 

You enlisted in the Marine Corps and began a period of active duty on 9 November 1994. You served for five months without disciplinary incident, but during the period from 14 April 1995 to 16 February 1996, you received nonjudicial punishment (NJP) on three occasions. Your offenses were unauthorized absence (UA) for periods totaling 12 days and wrongful use of methamphetamines, marijuana, and cocaine. Subsequently, you were notified of pending administrative separation by reason of misconduct due to drug abuse, at which time you waived your rights to consult with counsel and to present your case to an administrative discharge board (ADB). Your commanding officer recommended that you be discharged with an other than honorable (OTH) characterization of service by reason of misconduct due to drug abuse. The discharge authority approved the recommendation and directed that you be separated with an OTH characterization of service by reason of misconduct. On 31 May 1996, you were discharged. 
 
The Board carefully weighed all potentially mitigating factors such as your post-service conduct and achievements, and your contention that you were told you would not be discharged until medically cleared. The Board, however, concluded that these factors were not sufficient to warrant relief in your case because of the seriousness of your repeated misconduct, which resulted in three NJPs and included the wrongful use of three controlled substances despite the Marine Corps’ policy of “zero tolerance.” In regard to your contention, applicable regulations provide that a Marine processed for separation by reason of a medical condition may be separated for misconduct. Although the Board was sympathetic to your medical condition, the Board concluded that the severity of your repeated misconduct outweighed your desire to upgrade your discharge. The Board, in its review, discerned no probable material error or injustice in your discharge. 

Regarding your concern about eligibility for healthcare, whether you are eligible for benefits is a matter under the cognizance of the Department of Veterans Affairs (DVA), and you should contact the nearest office of DVA concerning your right to apply for benefits. If you have been denied benefits, you should appeal that denial under procedures established by the DVA. 

It is regretted that the circumstances of your case are such that favorable action cannot be taken at this time. You are entitled to have the Board reconsider its decision upon the submission of new matters. 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,   


7/15/2019