Docket No:  11595-19 
Ref: Signature Date 
 
Dear : 
 
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 you did not file your application in a timely manner, the statute of limitation 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 15 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 and the 25 July 2018 guidance from the Under Secretary of Defense for Personnel and Readiness regarding equity, injustice, or clemency determinations (Wilkie Memo).  In addition, the Board considered the advisory opinion (AO) furnished by a qualified mental health professional dated 1 February 2021, which was previously provided to you. 
   
You enlisted in the Marine Corps and began a period of active duty on 26 April 1999.  On 25 October 1999, you were counseled concerning “rough housing” in the barracks while under the influence of alcohol.  On 10 January 2000, you received nonjudicial punishment (NJP) for driving under the influence (DUI).  On 1 May 2000, you received NJP for wrongful use of marijuana.  On 5 May 2000, you were notified of administrative discharge action by reason of misconduct due to drug abuse.  After being afforded your procedural rights, you elected to waive your right to have your case heard before an administrative discharge board.  On 9 June 2000, your case was forwarded to the separation authority recommending your separation from the Marine Corps for misconduct due to drug abuse, with an other than honorable (OTH) characterization of service.  On 24 August 2000, you received NJP for unauthorized absence, disobeying a lawful order, and breaking restriction.  On 25 August 2000, the separation authority directed that you receive an OTH discharge due to drug abuse.  On 3 October 2000, you were convicted by special court-martial (SPCM) of 46 days of UA and wrongful use of marijuana.  You were sentenced to confinement, a forfeiture of pay, and a bad conduct discharge (BCD).  You received the BCD on 19 July 2002. 
 
A qualified mental health professional reviewed your request for correction to your record and provided the Board with an AO regarding your assertion that you were suffering from a mental health condition during your service.  The AO noted that the preponderance of available objective evidence fails to establish you were diagnosed with a mental health condition, suffered from a mental health condition at the time of your military service, or your in-service misconduct could be attributed to a mental health condition. 
 
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 statement that you believe your character of discharge does not reflect the totality of the circumstances leading up to your SPCM and therefore, not in the interest of justice.  Additionally, you contend that had your Platoon Sergeant and Commanding Officer known the extent of the situation you were dealing with in your marriage, you believe they would have been more compassionate.  Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief.  Specifically, the Board determined that your misconduct, as evidenced by your three NJPs, one of which involved wrongful drug use, and SPCM conviction involving drug use, outweighed these mitigating factors.  Additionally, the Board concurred with the AO in that preponderance of available objective evidence fails to establish you were, diagnosed with a mental health condition, suffered from a mental health condition at the time of your military service, or your in-service misconduct could be attributed to a mental health condition.  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,