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

Docket No: 11232-19 
Ref: Signature Date 


This is in reference to your application of 23 October 2019 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 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, and 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 12 December 2002.  On 8 August 2004, you received non-judicial punishment (NJP) for wrongful use of a controlled substance (cocaine).  You were awarded restriction, extra duties, and reduction in rank.  Subsequently, administrative action was initiated to separate you from the naval service for misconduct due to drug abuse.  On 10 September 2004, you were discharged with an under other than honorable (OTH) characterization of service. 

You request that the Board upgrade your discharge to honorable.  You assert your discharge was the result of your actions; however, you have learned from your mistake and for the past 15 years you have dedicated my life to helping others avoid making the same mistake.  You are a motivational speaker helping current military personnel deal with trauma.  Recently you were the 
guest speaker at the Marine Corps Base brig, the same brig where you were once 
an inmate.  You listed your post-service accomplishments as staying clean and sober for 15 years, being married for 13 years and raising 5 children, obtaining a BA in Religious Studies, a MA in Public Administration and currently working on a doctorate degree.  Additionally you list founding and directing a non-profit group, and being a licensed and ordained pastor and Military Chaplains’ Consultant.  In support ofyou petition, you attached photographs of your family and character letters.  The Board carefully weighed all potentially mitigating factors in your case, including your record of service and contentions and concluded these factors were not sufficient to warrant a change to your discharge given your misconduct of drug abuse.  The Board notes and commends you for your post-service accomplishments.  There is, however, no provision of law or Navy Regulation that allows for recharacterization of service due solely to the passage of time. 

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,