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

Docket No: 3050-19 
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 24 February 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 3 February 2014, after receiving a pre-service drug waiver for using marijuana ten times prior to entering the Marine Corps.  On 20 February 2014, a medical officer recommended your separation due to your admission of pre-service cannabis use that you failed to disclose to your recruiter (actual prior use of “a couple times a week from 2005 up until after 2008”).  On 24 February 2014, after being advised of, and waiving in writing, your rights to remain silent, not provide a statement, consult with and be represented by legal counsel, you gave a voluntary written statement in which you stated that you did not disclose the extent of your drug use previously because you were afraid that you would not be allowed to enlist.  Subsequently, administrative action was initiated to separate you from the naval service by reason of fraudulent entry.  On 19 March 2014, you were discharged with an uncharacterized entry-level separation, a reentry (RE) code of RE-3F, and a narrative reason for separation of fraudulent entry due to drug use. You petitioned the Naval Discharge Review Board (NDRB) stating that you wanted to reenlist and contending that you wanted to fight you discharge but that you had pneumonia and your grandfather was sick. On 13 May 2016, the NDRB determined that your discharge was proper as issued and that no change was warranted, and denied your petition. 

You request the Board change your RE code and narrative reason for separation.  You assert, through counsel, that your recruiter misled you as to the seriousness of failure to disclose pre­service drug use and he encouraged you not to disclose it.  Additionally, you contend that the recruiter should have obtained a drug waiver for you because the circumstances of your drug use was due to peer pressure, not addiction, and you had not used drugs for over a year prior to your enlistment.  Lastly, you contended that your record should be changed due to your pre and post-service exemplary conduct.  In support of your petition, your attorney provided a brief that detailed your background, the circumstances of your discharge, and your desire to reenlist.
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and your contentions.  With regard to your contentions, the Board noted that you were notified of your separation process within 180 days of the beginning of your period of active service.  Marine Corps directives authorize an uncharacterized entry-level separation if the processing of a Marine’s separation begins within 180 days of active duty.  Additionally, the Board noted your RE code requires a waiver and the proper venue to pursue reenlistment is via a prior-service recruiter.  Moreover, there is no provision of law or in Navy regulations that allows for recharacterization of service due solely to the passage of time. Regarding your contention of recruiter misconduct, the record does not contain, and you did not provide, any evidence to support your contention.  Absent such evidence, the Board relied upon the presumption of regularity that attaches to all official records, and presumed that the officials acted in accordance with governing law and policy, and in good faith. 

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,