DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 10508-19 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 16 December 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 28 July 1999. On 10 March 2000, you received nonjudicial punishment (NJP) for wrongful use of marijuana. On 24 March 2000, you commanding officer (CO) notified you of administrative separation proceedings against you based on drug abuse (marijuana use). You elected to appear before an administrative discharge board (ADB). On 16 June 2000, your CO recommended that you be granted a waiver for retention in the Marine Corps and that you receive an other than honorable characterization of service, to be suspended for one year. On 5 September 2000, the separation authority directed your ADB to convene. On 19 September 2000, you began a period of unauthorized absence (UA). Your record indicates that you were in civilian confinement from 28 November 2000 through 26 July 2001. On 5 December 2000, your separation authority recommended that you be separated from the naval service with an other than honorable (OTH) characterization of service due to drug abuse. No further action was taken on your OTH administrative separation because on 31 August 2001, in accordance with your pleas of guilty, you were found guilty at special court-martial (SPCM) for the aforementioned period of UA and wrongful use of marijuana. The Court sentenced you to forfeitures of pay, 21 days confinement, and to be discharged from the naval service with a bad-conduct discharge (BCD). On 16 October 2001, you were ordered home on appellate leave pending appellate review of your court-martial conviction and punitive discharge. On 18 October 2002, the U.S. Navy Marine Corps Court of Criminal Appeals noted that the convening authority was required to suspend all confinement in excess of time already served for a period of 12 months pursuant to your negotiated pre-trial agreement. The convening authority, however, did not do this. The U.S. Navy Marine Corps Court of Criminal Appeals found that you were not prejudiced by the convening authority’s action, and affirmed the finding of guilty only so much of the sentence as provided for the forfeiture of pay, as approved on review, and the BCD. On 21 February 2003, you were discharged from the Marine Corps due to the court-martial proceedings and received a BCD. In your petition to the Board, you ask that “the status of [your] court-martial be declared as special” and that your BCD be upgraded to a general (under honorable conditions) (GEN) characterization of service. You contend that your Certificate of Release or Discharge (DD Form 214) does not state the status of your discharge and that a GEN characterization of service is a fair and accurate representation of your time as an active Marine. The Board, in its review of your entire application, carefully weighed all potentially mitigating factors, including your contention that the BCD does not accurately reflect your service in the Marine Corps. The Board noted that after your NJP in March 2000, your chain of command recommended that you be granted a waiver so that you may have a second chance in the Marine Corps. Despite your wrongful use of a controlled substance, your command advocated for your continuation in the Marine Corps and commented on your positive attitude since the drug abuse incident. Nonetheless, you again committed misconduct by the period of UA that began on 19 September 2000. The Board found that your two instances of misconduct of drug abuse and UA, as reflected in the special court-martial findings, supporting the issuance of your BCD. Even in consideration of the support you enjoyed from your chain of command, and noting your high performance marks during your time in the Marine Corps, the Board found that your overall service did not merit a GEN characterization of service. With regard to your request that your DD Form 214 reflect your special court-martial, the Board noted that block 24 reads “MARCORSEPMAN 1105 SPCMSONO 03-368 DTD 20030211.” (Underline emphasis added). The acronym “SPCM” identifies the special court-martial proceedings. Accordingly, the Board found that corrective action is not warranted. 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, 1/27/2020