DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No: 1647-19 
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 5 May 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 began a period of active duty on 5 January 1993.  That same day, you signed Part III of the US Marine Corps Drug Abuse Screening Form.  On 5 May 1993, you received nonjudicial punishment (NJP) for wrongful use of marijuana.  Subsequently, administrative discharge action was initiated by reason of misconduct -drug abuse.  On 18 May 1993, you consulted counsel and requested an administrative board.  On 22 July 1993, an administrative board found a basis for administrative discharge and recommended you be separated with an other than honorable (OTH) characterization of service.  After being afforded all of your procedural rights, your case was forwarded to the separation authority for review.  On 10 August 1993, the staff judge advocate to the separation authority found the package legally sufficient.  On 13 August 1993, the separation authority directed that you be separated with an OTH discharge, which you received on 18 August 1993.
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and your assertion that you were given this status because of an outdated policy from almost 25 years ago.  The Board also considered your assertions that you lived with this your whole life and hope 25 years is long enough to live with this issue.  The Board concluded that these factors and assertions were not sufficient to warrant a change to your discharge given your misconduct, which resulted in NJP for wrongful drug use. 

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. 

Sincerely,