Docket No: 2388-19
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 25 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. 

You enlisted in the Marine Corps and began a period of active duty on 6 August 1997.  On 4 February 1999, you were convicted by summary court-martial (SCM) of wrongful distribution of a controlled substance.  Although your administrative separation documentation is not in your service record, based on your Certificate of Release or Discharge from Active Duty (DD Form 214), you were discharged on 19 May 1999, with an other than honorable (OTH) characterization of service by reason of misconduct. 

The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge.  The Board considered your contention that you were an exemplary Marine with multiple meritorious promotions and awards.  You further contend that while you were under the influence of prescription medications that were prescribed to you, you made the mistake of giving your medication to another Marine.  At the time, you were unaware of how serious this was.  Now, it is very clear to you why this should not have happened.  You were pressured by your superiors to take their advice to seek a general discharge.  Since your discharge, you have lived a productive life and been a service-based member of your community; you have never been arrested or in any kind of trouble and you are a federal employee working for the postal service.  The Board concluded that these factors were insufficient to warrant relief in your case because of the seriousness of your misconduct that resulted in a SCM conviction.  The Board relies on a presumption of regularity to support the official actions of public officers and, in the absence of substantial evidence to the contrary (as is the case at present), will presume that they have properly discharged their official duties.  Under the totality of the circumstances, the Board, in its review, determined that there was no probable material error or injustice in 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