Docket No: 0162-19 
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 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 9 September 2019.  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 began a period of active duty on 10 September 2001.  On 9 December 2002, you received nonjudicial punishment (NJP) for wrongful use of marijuana.  Thereafter, administrative separation action was initiated by reason of misconduct due to drug use and you were notified that your commanding officer was recommending a discharge under other than honorable (OTH) conditions.  You opted not to consult with counsel, and waived all of your procedural rights.  On 10 January 2003, you received an OTH discharge. 
 
You requested the Board upgrade your discharge to either honorable or general (under honorable conditions).  You asserted your OTH discharge was inequitable because you completed almost a year and a half of faithful service before committing this single offense.  In support of your petition you attached a personal statement and character letters.  You explained that in May 2002 your best friend from home passed away unexpectedly, but you were not allowed to attend the funeral because he was not a family member.  After this distracting event, a group of Marines, including a sergeant, were in the barracks smoking marijuana and you went along with them.  

You stated you have regretted it every day since.  You set forth your post-service accomplishments included being employed as a truck driver for 14 years and that you have not used drugs of any kind.  The Board carefully weighed all potentially mitigating factors, such as your record of service and contentions and concluded these factors were not sufficient to warrant a change to your discharge given your misconduct of drug use.  The Board noted your post-service behavior and accomplishments, however, the Board found this was an insufficient basis upon which to change your characterization of service given your in-service drug use.  The Board discerned no 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.