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

Docket No: 11486-19 
Ref: Signature Date 

Dear

This is in reference to your application of 26 November 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 24 February 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, 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 1 December 2003.  On 25 March 2004, you were counseled for being unable to obtain passing grades at the School of Infantry-West and advised you would be recycled to another class.  However, if you were unable to pass the course, you would be reclassified to another Military Occupational Specialty (MOS).  On 4 May 2004, you received orders to the  Supply and Administration School aboard Camp Johnson, NC.  On 15 October 2004, you were counseled for cocaine possession and advised that processing for administrative separation was mandatory.  On 28 October 2004, you received non-judicial punishment (NJP) for unauthorized absence and underage drinking.  You were awarded forfeiture of pay and restriction.  On 13 August 2004, you received NJP for wrongful use of a controlled substance (cocaine) and awarded forfeiture of pay, restriction, and reduction in rank to E-1.  Subsequently, administrative discharge action was initiated due to drug abuse.  On 19 November 2004, you were discharged with an under other than honorable (OTH) conditions characterization of service. 

You request the Board upgrade your discharge to general (under honorable conditions).  You assert you were not offered any treatment for my addiction.  Additionally, you believe the system for granting discharge upgrades is lenient.  Lastly, you state you feel you were treated unfairly. 

The Board carefully weighed all potentially mitigating factors in your record, including your record of service and contentions and concluded these factors were not sufficient to warrant a change to your discharge given your misconduct which included drug abuse, UA, and failure to obey orders.  Your original service record was incomplete and did not contain any documentation pertaining to your separation from the Marine Corps.  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,