DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 1189-19 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 Boards, sitting in executive session, considered your application on 19 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. Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issues involved. Therefore, the Board determined that 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 12 October 1993.During the period from 11 April 1995 to 9 May 1997, you received four non-judicial punishments (NJP) for misconduct including disobeying a lawful order, false official statement, absent from your appointed place of duty, soliciting another Marine to make a false official statement, wrongful use of marijuana, disobeying restriction and regulations, insubordinate conduct, and wrongfully being in an inappropriate uniform while on restriction. On 2 August 1997, your received your fifth NJP for wrongful use of marijuana on a second occasion. Subsequently, you were notified of administrative action to separate you from the naval service based on your pattern of misconduct and drug use. After consulting with legal counsel, you elected to present your case to an administrative discharge board (ADB). An ADB was convened and recommended administrative separation from the naval service with an other than honorable (OTH) characterization of service due to your pattern of misconduct and drug use. Your commanding officer (CO) concurred with the ADB’s recommendation. The discharge authority directed that you be administratively discharged with an OTH characterization of service by reason of misconduct due to drug abuse. On 10 October 1997, you were so discharged. The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge. The Board considered your contention that you have changed your life and are no longer the “immature young Marine” that made “bad choices.” You also contend that you are drug free and trying to make your life “right.” However, the Board concluded that these factors were insufficient to warrant relief in your case because of the seriousness of your repeated misconduct that resulted in five NJP’s, which included wrongful drug use on two occasions. Under the totality of the circumstances, the Board determined there was no probable material error or injustice in the discharge. 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.