DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 YTC Docket No: 6558-17 Dear This is in reference to your application for correction ofyour naval record pursuant to the provisions oftitle 10 ofthe United States Code, section 1552. After careful and conscientious consideration ofthe entire record, the Board found the evidence submitted was insufficient to establish the existence of probable material 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 threemember panel ofthe Board for Correction ofNaval Records, sitting in executive session, considered your application on 20 August 2018. The names and votes of the members ofthe 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 ofyour 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 11 June 2012. On 13 August 2013, you were notified of administrative separation by reason ofmisconduct, specifically drug abuse and commission of a serious offense, with least favorable characterization being a general discharge. Y otir record contains an undated personal statement in which you acknowledge your "wrongdoings" and state "I made a mistake; for that I am sorry." You also ask to fulfill your contract and continue in the Marine Corps. On 25 September 2013, Commanding Officer (CO), Marine Corps Combat Service Support Schools recommended that you be separated by reason of misconduct on the basis ofdrug abuse and commission ofa serious offense. The CO cited a CID investigation into the alleged misconduct of a corporal (instructor) within the same command in which it was revealed that the corporal was selling Testosterone to students at the command. The CO noted that you admitted to paying the corporal $510 in installments and received 3 injections administered weekly, ending approximately 2 weeks prior to your interview with CID. The CO also notes that you stated that the substance injected was not a steroid. Your CO recommended a general discharge itistead of an other than honorable because ofthe seniority of the corporal to you. You were discharged from the Marine Corps on 4 October 2013, on the basis of Misconduct (Drug Abuse), and received a general discharge and a reentry (RE) code of RE-4B. You request a change to your RE-4B so that you can reenlist in the military. You contend that there is no evidence to support the claim ofdrug abuse, and that you never tested positive on a drug test or made an admission. You also state you never possessed a controlled substance. The Board carefully reviewed your application and considered the mitigating factors surrounding the RE-4B including your contention that the you never tested positive for a controlled substance. The Board reviewed your personal statement and found that your admission of wrongdoing coupled with a substantial payment to a corporal for injections was sufficient to initiate administrative discharge proceedings against you and support the general discharge. The Board noted that the recommendation of an RE-4B was within the discretion ofyour CO, and that based on the circumstances ofyour conduct, that he was neither unjust nor erroneous in recommending the RE-4B. It is regretted that the circumstances ofyour 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 ofregularity attaches to all official records. Consequently, when applying for a correction ofan official naval record, the burden is on the applicant to demonstrate the existence ofprobable material error or injustice. Sincerely, Executive Director