Docket No: 11444-19
Ref: Signature Date                         

Dear .  
 
This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code.  After careful and conscientious consideration of relevant portions of your naval record and your application, the Board for Correction of Naval Records (Board) found the evidence submitted insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied.     
 
Although you did not file your application in a timely manner, the statute of limitations was waived in accordance with the 25 August 2017 guidance from the Office of the Under Secretary of Defense for Personnel and Readiness (Kurta Memo).  A three-member panel of the Board, sitting in executive session, considered your application on 24 March 2021.  The names and votes of the panel members 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, to include the Kurta Memo, the 3 September 2014 guidance from the Secretary of Defense regarding discharge upgrade requests by Veterans claiming post-traumatic stress disorder (PTSD) (Hagel Memo), and the 25 July 2018 guidance from the Under Secretary of Defense for Personnel and Readiness regarding equity, injustice, or clemency determinations (Wilkie Memo).  The Board also considered an advisory opinion (AO) from a qualified mental health professional dated 31 January 2021, which was previously provided to you.   
 
You entered a period of active duty in the Marine Corps on 21 January 2003.  On 13 May 2003 you received nonjudicial punishment (NJP) for wrongful cocaine use on or between 24 and 29 April 2003.  On 15 May 2003 you submitted a voluntary statement admitting to the drug use and stating that you did not feel mature enough to be a Marine, you would like to come back in a few years, and you did not wish to be retained.  On 19 May 2003 you were notified of administrative separation processing by reason of misconduct due to drug abuse and that your commanding officer was recommending your separation with an Other Than Honorable characterization of service.  That same day you waived your procedural right to an administrative board hearing.  You were discharged on 16 July 2003. 
 
In your application, you contend you were addicted to drugs prior to enlistment and received a waiver to join.  You state you had mental capacity issues when it came to instructions while you were in service.  You further contend that you understand the error of your ways, you are clean now, and would like a second chance. 
  
The Board carefully considered all potentially mitigating factors to determine whether the interests of justice warrant relief in your case in accordance with the Wilkie Memo.  These included, but were not limited to, your contentions noted above, desire to upgrade your discharge, and post-service accomplishments to include your sobriety, degree, and that you have a family.  The Board also relied on the AO in making its determination and noted your in-service personnel and medical records did not reveal any evidence that you exhibited any mental health symptoms or conditions during your military service other than substance abuse.  Additionally, you submitted no evidence of in-service or post-discharge mental health conditions.  Based upon this review, the Board concluded that these potentially mitigating factors were insufficient to warrant relief, and specifically, the Board determined that your misconduct outweighed these mitigating factors.  Accordingly, given the totality of the circumstances, the Board determined that your request does not merit relief.   
 
You are entitled to have the Board reconsider its decision upon 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,