DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 10590-19 Ref: Signature Date This 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 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 13 January 2020. 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. Regarding your request for a personal appearance, the Board determined that a personal appearance, with or without counsel, would not materially add to their understanding of the issues involved. Therefore, the Board determined a personal appearance was not necessary and considered your case based on the evidence of record. You enlisted in the Marine Corps and began a period of active duty on 05 August 2002. On 4 August 2006, you were discharged with an honorable characterization of service at the completion of your required active service and transferred to the Inactive Ready Reserve. On 16 December 2007, you joined a Reserve unit. On 8 March 2009, you were counseled for being absent from drill on 5 and 6 March 2009, and that you were not eligible for promotion to E-5. You were advised that failure to take corrective action could result in adverse administrative action. On 27 January 2010, you were counseled regarding the results of your 9 January 2010 random drug test, which was positive for THC. You made a statement to your command that you had ingested drugs 3 days prior to drill. However, the test results were indicative of either chronic use or extremely high levels of consumption within the 6 hours immediately prior to the test. On 27 January 2010, administrative discharge action was initiated by reason of misconduct due to drug abuse. After being afforded all of your procedural rights, you waived them, and your case was forwarded to the separation authority for review. Your commanding officer recommended that you be discharged with an other than honorable (OTH) characterization of service. On 9 February 2010, the separation authority approved and directed your separation from the Marine Corps Reserve with an OTH discharge and a reentry (RE) code of RE-4. You request the Board change your RE code. You assert you attended a baking party with your wife and mistakenly ate a brownie that had THC in it. Unfortunately for you, you were drug tested the following week and tested positive. You claim you are not now, and have never been, a drug user, but due to the strict no tolerance rule for drugs, you were discharged. Lastly, you asked for the opportunity serve the country again stating you were unaware of your reenlistment code until you recently attempted to join the Army. The Board carefully weighed all potentially mitigating factors, such as your record of service and contentions and concluded these factors were not sufficient to warrant a change to your RE code given your misconduct. The Board noted that you provided no evidence to support your contentions. Absent such evidence, the Board relied upon the presumption of regularity and presumed that the officials acted in accordance with governing law/policy and in good faith. 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, 1/29/2020