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

Docket No: 2372-18       
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 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 28 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 29 April 1998.  It appears you served without disciplinary incident until 4 December 1998, when you were counseled for underage drinking and failure to be at your appointed place of duty.  On 23 April 1999, you were convicted by summary court-martial for an unauthorized absence (UA) of approximately 60 days terminated by apprehension by civilian law enforcement.  On 22 June 2001, you received nonjudicial punishment for wrongful use of marijuana.  Subsequently, you were notified of pending administrative separation action by reason of misconduct due to drug abuse.  You elected to consult with legal counsel and requested to have your case presented to an administrative discharge board (ABD) but on 18 September 2001, you unconditionally waived your right to an ADB with “full knowledge that such a waiver might result in an Other Than Honorable [OTH] characterization of service.” Your commanding officer recommended that you be discharged with an OTH characterization of service by reason of misconduct due to drug abuse.  The discharge authority approved this recommendation and directed that you be discharged by reason of misconduct due to drug abuse with an OTH characterization of service. On 26 September 2001, you were so discharged. 

The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge.  The Board noted that you did not contend error or injustice in your application for correction, and considered the advocacy letters and documentation submitted in support of your request for relief. Under the totality of the circumstances, the Board in its review did not discern probable material error or injustice in the discharge.  The Board concluded that your in-service 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.  You are entitled to have the Board reconsider its decision upon 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, 


6/24/2019