DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 1561-18 Ref: Signature date Dear 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 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 7 March 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, as well as applicable statutes, regulations, and policies. You enlisted in the Marine Corps and began a period of active duty on 9 September 1998. It appears you served without disciplinary incident until 1 March 1999, when you received nonjudicial punishment (NJP) for wrongful use of a controlled substance (marijuana usage as identified through urinalysis). On 26 May 1999, you were evaluated by a psychologist and offered, but declined, to receive Track-III drug and alcohol treatment. You received a second NJP on 25 June 1999 for breaking restriction and underage drinking. On 5 July 1999, you were notified of pending administrative separation action by reason of misconduct due to drug abuse. After you consulted counsel and waived your rights to proceed before an administrative discharge board, your commanding officer recommended that you be discharged by reason of misconduct due to drug abuse with an other than honorable (OTH) characterization of service. The discharge authority approved this recommendation and directed that you be discharged by reason of misconduct with an OTH characterization of service. On 20 August 1999, you were discharged. The Board carefully weighed all potentially mitigating factors and your contention that, after smoking marijuana since the age of 15, you were addicted to marijuana and it greatly affected your judgment. The Board also considered your statement that, as you have aged, you have realized what an honor it was to be a Marine, and that you have been “marijuana free” since 2002 and have not been in trouble with the law since your discharge. The Board concluded these factors were not sufficient to warrant relief in your case given the seriousness of your misconduct. Unfortunately, the Board did not find evidence of an error or injustice that warrants recharacterization. Lastly, the Board noted the record shows that you were notified of, and waived, your procedural rights. In doing so, you gave up your first and best opportunity to advocate for retention or a more favorable characterization of service. The Board concluded your drug abuse outweighed your desire to upgrade your discharge. 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 and material evidence. New evidence is evidence not previously 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, 6/4/2019