Docket No: 11713-19 
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 was 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 28 September 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. 
  
You enlisted in the Marine Corps and began a period of active duty on 26 September 2001.  On 22 May 2001 you signed the Marine Corps Policy Concerning Illegal Use of Drugs.  On 30 January 2003 you were found unfit by the Secretary of the Navy’s Disability Evaluation System and recommended for administrative separation due to physical disability.  On 25 February 2003 nonjudicial punishment (NJP) was imposed on you for wrongful use of marijuana.  Subsequently, administrative separation action by reason of misconduct – drug abuse was initiated against you.  On 5 March 2003 you waived counsel and an administrative separation board.  On 4 April 2003 the Battalion Commander, 2d Force Service Support Group (Rear) recommended you be administratively separated with an Other than Honorable Conditions (OTH) characterization of service.  On 22 April 2003 the Commanding General, II Marine Expeditionary Force [separation authority] directed you be administratively separated with an OTH characterization of service.  On 2 May 2003 you were administratively separated with an OTH characterization of service.   
 
On 15 March 2007 the Naval Discharge Review Board (NDRB) reviewed your request to upgrade your characterization of service to general (under honorable conditions) and a panel of four voted unanimous that your characterization of service shall remain unchanged.    
 
You requested an upgrade of your discharge to general (under honorable conditions).  You contend you were set to be discharged after 18 months as you were diagnosed with recurrent heat stroke.  You admitted you made the fatal mistake of smoking marijuana while waiting for your discharge and your discharge was changed to an OTH.  You asserted you have been a father, role model, community leader, and police officer.  You also asserted you had an outstanding military career from boot camp to discharge and this upgrade will not only give you peace of mind, but open doors to your police career.   
 
In reviewing the circumstances of your separation and characterization of service, the Board considered the totality of the circumstances to determine whether relief is appropriate today in the interests of justice in accordance with guidance provided by the Under Secretary of Defense for Personnel and Readiness (Wilkie Memo of 25 July 2018).  Accordingly, the Board considered and acknowledged your post service standing, desire to upgrade your characterization of service, and remorse and mistake of smoking marijuana.  Among other factors considered in accordance with the above referenced guidance, the Board considered your statement and character letters from former employers, coworkers, family members, and friends.  Even considering these potentially mitigating factors in accordance with the above referenced guidance, the Board did not find that relief was necessary or appropriate in the interests of justice.  The Board noted you had insufficient relevant and timely evidence demonstrating your continuing rehabilitation progress.  In this connection the Board noted that your post service rehabilitation progress failed to identify present-day evidence to support changing your characterization of service.  The Board concluded that the Commanding General, II Marine Expeditionary Force [separation authority] acted in accordance with governing law/policy and in good faith and agreed with NDRB decision of 15 March 2007.   
 
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 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,