DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 2385-19 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 17 March 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 on 15 September 1990. On 10 June 1991, you received non­judicial punishment (NJP) for unauthorized absence (UA) totaling three days. On 5 March 1992, you received a warning counseling due to public intoxication and were recommended for a Level-III rehabilitation treatment program. On 12 June 1992, you successfully completed the Level-III rehabilitation treatment program. On 30 July 1992 and 27 May 1993, you received NJPs for operating a motor vehicle while drunk and three specifications of disobeying a lawful order by driving on base with a suspended license. On 14 July 1993, you were diagnosed as an alcohol/drug dependent relapse due to cocaine abuse. On 2 August 1993, you signed a statement of understanding of treatment for alcohol/substance dependence at a Department of Veterans Affairs (DVA) medical center should you require assistance for a substance abuse problem after discharge. On 3 August 1993, you received NJP for wrongful use of cocaine. Subsequently, you were notified of pending administrative action to separate you from the naval service by reason of misconduct due to drug abuse. After you were advised of, and waived, your procedural rights on 9 November 1993, your commanding officer (CO) recommended that you be discharged with an other than honorable (OTH) characterization of service by reason of misconduct due to drug abuse. After legal review, the discharge authority approved this recommendation and directed separation under other than honorable conditions by reason of misconduct. On 23 December 1993, you were so discharged. The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and your contention that, after successfully completing a rehabilitation treatment program, you had no aftercare program to support your recovery process. The Board also noted your contentions that you need DVA benefits to further your cause and since discharge, you have completed a successful rehabilitation program, been married for 24 years, working for 12 years, given back to the community, and are a productive member of society. However, the Board concluded that your violation of the Navy’s “Zero Tolerance” drug policy and misconduct outweighed your desire upgrade your discharge. In regard to your contention that after successfully completing a rehabilitation treatment program, you had no aftercare program to support your recovery process, the Board noted that the record contains documented evidence which is contrary to your contention. The record shows that after completing the rehabilitation treatment program, you received three NJPs of which two were alcohol/drug related, and were diagnosed as an alcohol/drug dependence relapse. In regard to your contention that you need DVA benefits, the Board noted that whether or not you are eligible for benefits is a matter under the cognizance of the DVA, and you may contact the nearest office of the DVA concerning your right to apply for benefits. If you have been denied benefits, you may appeal that denial under procedures established by the DVA. Regarding your contention that since being discharged, you have completed a successful rehabilitation program, been married for 24 years, working for 12 years, given back to the community, and a productive member of society, the Board noted while commendable, your post-service conduct does not excuse your conduct while enlisted in the Marine Corps or the basis for your 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. Sincerely, 4/19/2020