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


Docket No:  9209-18 
Ref: Signature date 
 

Dear  
 
This letter is in reference to your application of 26 October 2018 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 that 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 9 September 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, 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 13 June 2007.  On 14 June 2007, you signed the USMC policy on drug and alcohol abuse.  On 20 August 2010, you received non-judicial punishment (NJP) for wrongful use of a controlled substance and violation of a lawful order.  Subsequently, you were notified of a pending administrative action to separate you from the naval service by reason of misconduct due to drug abuse.  On 14 October 2010, you elected to be represented by counsel and to have your case presented at an administrative board (ADB).  On 9 Mar 2011, an ADB found that you committed misconduct and recommended you be separated with an other than honorable (OTH) characterization of service.  In a personal statement, you admitted to drug use, said you made a poor judgment call, and apologize for the trouble that you have caused the Marine Corps.  On 24 March 2011, the separation authority concurred with your CO’s recommendation and directed that you be separated with an OTH characterization of service.  On 7 April 2011, you were so discharged. 
 
The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge, and assertions you were going to deploy and reenlist.  The Board also considered your assertions that you turned your life around, are now a union electrician, are married with two children and are furthering your education while no longer using recreational drugs.  The Board also considered your assertions that your only source of shame is the OTH designation on your DD214, and your request that you be given an honorable discharge to reflect your four years of honorable service.  The Board concluded these factors, and assertions were not sufficient to warrant a change to your discharge given your misconduct, which resulted in NJP for wrongful drug use. 
 
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 the submission of new matters, which will require you to complete and submit a new DD Form 149.  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.