Docket No: 3145-19 
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 26 May 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 in 1995.  Early in your career, you were recognized with a Meritorious Mast for outstanding performance as a fire team leader.  In April 1997, you admitted to smoking marijuana and were subsequently counseled concerning illegal use of a controlled substance.  On 1 May 1997, you received nonjudicial punishment (NJP) for wrongful use of marijuana.  On 20 May 1997, you were evaluated at the Substance Abuse Counseling Center and found to have abused drugs.  You were notified of administrative separation proceedings against you, and waived your right to appear before an administrative separation board.  On 30 June 1997, the Staff Judge Advocate reviewed the administrative separation proceedings against you and found them sufficient in law and fact.  Your commanding officer concurred with the recommendation that you be administratively discharged.  You were discharged from the Marine Corps in 1997, on the basis of misconduct, and received an other than honorable characterization of service and a reentry (RE) code of RE-4B. 
 
In your petition to the Board, you ask for an upgrade to your other than honorable discharge to an honorable characterization of service.  You base your request on a “Department of Veterans Affairs Decision.”  You did not, however, submit information regarding a specific Veterans Affairs decision or determination. 
 
The Board carefully considered your request for an upgrade to your discharge characterization.  The Board found that even in consideration of your assertion that a Department of Veterans Affairs decision supported an upgrade, you did not provide sufficient evidence to establish that your other than honorable discharge was issued unjustly or erroneously.  The Board reviewed your available service records and noted that you received NJP for wrongful use of a controlled substance, were evaluated for drug abuse, and recommended for an other than honorable discharge by your chain of command.  Additionally, you waived your right to appear before an administrative separation board, and the Staff Judge Advocate found the discharge proceedings sufficient in law and fact.  The Board concluded that your discharge was properly issued and does not warrant an upgrade. 
 
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, 
 6/16/2020