DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 9329-18 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 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 19 November 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 on 16 September 1996. Pursuant to a pre-trial agreement, in exchange for having your misconduct referred to a summary court-martial (SCM), pleading guilty thereat, and waiving your right to an administrative discharge board (ADB), instead of having your misconduct being referred to a special court-martial (SPCM), on 9 December 1997, in accordance with your plea of guilty, you were convicted at SCM of wrongful use of marijuana. On 10 December 1997, you were medically evaluated for substance abuse and determined not to be drug-dependent and that you were accountable for your actions. Subsequently, you were notified of pending administrative action to separate you from the naval service by reason of misconduct due to drug abuse. After you were advised of, and waived, your procedural rights, your commanding officer (CO) recommended that you be discharged with an other than honorable (OTH) characterization of service by reason of misconduct due to drug abuse. The discharge authority approved this recommendation and directed separation under other than honorable conditions by reason of misconduct. On 8 January 1998, you were so discharged. The Board carefully weighed all potentially mitigating factors in your case, including information from the Department of Veterans Affairs (DVA), your desire to upgrade your discharge, you’re your contention that the DVA found your service honorable. However, the Board concluded that your violation of the Navy’s “Zero Tolerance” drug policy outweighed your desire to upgrade your discharge. Regarding your contention that the DVA found your service honorable, the Board noted that the DVA only has the authority to determine your eligibility for DVA benefits. The DVA determined that your service was honorable “for VA purposes.” The Board also noted that the DVA does not have the authority or ability to change your Naval record or characterization of service for Department of the Navy purposes. 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. Sincerely, 12/20/2019