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

Docket No:  0210-19             
Ref: Signature date 

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 28 October 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. 

Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel would not materially add to its 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 24 April 2000.  On 10 April 2000, you signed a Statement of Understanding of Marine Corps policy on illegal drug use.  On 26 June 2001, you were convicted at a summary court-martial (SCM) of wrongful use of marijuana.  Subsequently, administrative discharge action was initiated to separate you from the naval service by reason of misconduct due to drug abuse.  On 20 July 2001, you were served notice of administrative proceedings and advised of your procedural rights.  That same day, you consulted with legal counsel and waived your right to request that your case be heard before an administrative discharge board (ADB) and be represented by counsel.  On 26 July 2001, a medical officer at the base substance abuse counseling center determined you had no diagnosis or condition of substance dependence.  On 7 August 2001, your commanding officer recommended that you be separated with an other than honorable (OTH) characterization of service.  On 15 August 2001, your regimental commander concurred.  On 16 August 2001, the staff judge advocate to the separation authority found the separations package legally sufficient and recommended approval with an OTH discharge. On 23 August 2001, the separation authority concurred with the separation and characterization recommendations, and directed that you be discharged with an OTH for misconduct due to drug abuse.  On 24 August 2001, you were so discharged after approximately one year and four months of active duty service.  

The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge and your assertions that you believe the discharge characterization to be an unjust punishment because it keeps you from serving as a police officer.  The Board also considered your assertion that one of your goals in life was to become a United States Marine and another was becoming a police officer.  The Board also considered your admission that, as an immature adult you made a grave error that resulted in an OTH discharge and that you believe that you have paid for your mistake, and that have been an upstanding citizen since your discharge. 

However, the Board concluded that these factors and assertions were insufficient to warrant a change to your discharge given your misconduct, which resulted in a SCM conviction for wrongful drug use.  The Board noted that you waived your procedural rights in connection with your administrative separation.  By doing so, you gave up your first, and best, opportunity to advocate for retention or a more favorable characterization of service. 

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, 


11/27/2019