DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490
               
Docket No:  2193-19   
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 12 November 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, 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 27 December 2000.  Before that, on 7 December 2000, you signed the Marine Corps policy on drug abuse.  On 3 October 2002, you were counseled for unauthorized absence.  On 15 October and 11 December 2002, you were counseled you were not recommended for promotion to Corporal.  On 11 September 2003, you were convicted by summary court-martial (SCM) of wrongful use of marijuana.  Subsequently, administrative discharge action was initiated by reason of misconduct due to drug abuse.  On 6 October 2003, your commanding officer (CO) served notice of administrative discharge proceedings.  On 6 October 2003, you consulted counsel and requested an administrative board.  On 18 November 2003, the battalion CO recommended that you receive an other than honorable (OTH) discharge, due to misconduct.  On 22 December 2003, the regimental CO concurred and recommended that you receive an OTH discharge, due to misconduct.  On 17 February 2004, you waived your prior election of an administrative board.  On 26 February 2004, the separation authority concurred with your CO’s recommendation and directed that you be separated with an OTH discharge.  On 8 March 2004, you left on an unauthorized absence.  You received an OTH discharge on 11 March 2004, in absentia. 
 
The Board carefully weighed all potentially mitigating factors, such as your request to upgrade your discharge, and admission that you made a foolish and willful decision to use marijuana.  Additionally, the Board considered your assertions that you served proudly, want to change the discharge because it is important you are not a blight on the Marine Corps and believe a combat veteran should be a shining light to the Corps, not a disparagement.  The Board noted you waived your rights to an administrative board.  By doing so, you gave up the opportunity for you to advocate for retention or a more favorable characterization of service when more details were available.  The Board concluded your mitigating factors were not sufficient to warrant a change to your discharge given your misconduct, which resulted in an SCM conviction for wrongful drug use and discharge in absentia. 
 
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,