Docket No: 11770-19 Ref: Signature date Dear : This letter 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 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 10 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, together with all material submitted in support thereof, relevant portions of your naval record, as well as applicable statutes, regulations, and policies. You enlisted in the Marine Corps and started a period of active duty on 22 October 1996. On 10 September 2002, you received nonjudicial punishment (NJP) for wrongful use of a controlled substance (as evidenced by testing positive for THC). You were notified on 16 October 2002, of administrative proceedings against you to separate you from the naval service with an other than honorable (OTH) characterization of service due to your drug abuse. On 21 March 2003, you acknowledged your procedural rights in writing, consulted with military counsel, and then waived your procedural rights, including your right to be represented by counsel and have your case heard before an administrative discharge board (ADB). The Commanding Officer (CO), recommended that you be separated with an other than honorable characterization of service, and noted that you have demonstrated an inability to follow orders and are not suitable for the Marine Corps. On 22 April 2003, the separation authority agree with your CO’s recommendation and directed that you be discharged with an OTH characterization of service pursuant to MARCORSEPMAN para. 6210.5 (drug abuse), a reenlistment code (RE) of RE-4B, and a separation code of HKK1 (drug abuse). You were discharged from the Marine Corps on 9 May 2003, and received a Certificate of Release or Discharge from Active Duty (DD Form 214) that stated you received an “Under Than Hororablr (sic) Conditions” characterization, under separation authority “6210.5,” and a RE “4B.” Your DD Form 214 did not reflect a narrative reason for separation and the remarks section states that you were not present for signature. On 31 October 2003, a Correction to DD Form 214, Certificate of Release or Discharge from Active Duty (DD Form 215) was issued (SN). The DD Form 215 corrects, in part, your discharge characterization to “Under Other than Honorable Conditions,” your separation authority to “MARCORSEPMAN par. 6210.5,” your separation code to “HKK1,” your reentry (RE) code to “RE-4B,” and your narrative reason for separation to “Misconduct.” In your petition to the Board, you ask that your characterization of service be upgraded from other than honorable to general. You contend that your characterization of service is unjust because you were not given a narrative reason for separation (block 28) on your DD Form 214. You also assert that you were not able to sign your DD Form 214. Additionally, you state that you were not given a chance to rebut or present evidence to establish why you did not deserve an other than honorable discharge. Finally, you state your DD Form 214 is incomplete and invalid. The Board, in its review of your entire application, carefully weighed all potentially mitigating factors, including your contention that your DD Form 214 was incomplete and invalid. The Board also considered your claim that you were deprived of the opportunity to present evidence to establish that you should have received a general vice other than honorable characterization of service. The Board noted that your original DD Form 214 contained clerical errors, and was incomplete. However, the Board found that the issuance of the DD Form 215 corrected the errors. A copy of the DD Form 215 is provided for your reference. The Board reviewed your claim that you were deprived of the chance to rebut or present evidence as to why you did not deserve an other than honorable discharge. The Board noted that your administrative separation paperwork indicates that you acknowledged and subsequently waived your right to appear before an ADB prior to your discharge from the Marine Corps. The opportunity to appear before an administrative separation board was a chance for you to rebut or present evidence regarding the allegations of misconduct against you, and to seek a general (under honorable conditions) or honorable characterization of service, instead of the OTH discharge which your command recommended. The Board concluded that you were properly notified that your worst possible characterization of service could be OTH and that you had the right to appear before an ADB. The Board noted that, after consulting with legal counsel, you waived the right to appear before an ADB. Accordingly, the Board determined that you were not deprived of the opportunity to rebut the allegations against you, nor were you wrongfully prohibited from presenting evidence to seek a more favorable service characterization. The Board found that your discharge proceedings were neither erroneous nor unjust, and that the OTH characterization of service was supported by your wrongful use of a controlled substance. 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.