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


Docket No: 3249-18 

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 found the evidence submitted was insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied. 
 
Although you did not file your application 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 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, and applicable statutes, regulations, and policies. 

You enlisted in the Marine Corps and began a period of active duty on 22 May 2001.  It appears you served without disciplinary incident until 8 July 2002 when you were convicted by summary court-martial for two instances of wrongful use of marijuana and two instances of wrongful use of cocaine. Your record is incomplete in that it does not contain all of the documents pertaining to your administrative discharge.  Based on your Certificate of Release or Discharge from Active Duty (DD Form 214), it appears that after being afforded your rights concerning administrative separation processing, the separation authority directed that you be discharged with an other than honorable (OTH) characterization of service by reason of misconduct due to drug abuse. You were discharged with an OTH characterization of service on 1 October 2002. 

The Board carefully weighed all potentially mitigating factors but noted you did not provide any statement or contentions for the Board to consider.  Based on the available record, the Board determined that relief was not warranted in that the evidence provided was insufficient to establish the existence of probable material error or injustice. 
               
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,