Docket No: 3196-19 
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. 
 
A three-member panel of the Board, sitting in executive session, considered your application on 8 August 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 13 March 2017 after receiving a drug waiver for marijuana use.  You served without disciplinary incident until you received nonjudicial punishment on 9 May 2018 for wrongful use of marijuana.  Subsequently, you were notified of pending administrative separation action by reason of misconduct due to drug abuse.  After you waived your procedural rights, your commanding officer recommended discharge with a general, under honorable conditions (GEN), characterization of service by reason of misconduct due to drug abuse.  The discharge authority approved the recommendation and directed a GEN discharge by reason of misconduct due to drug abuse.  On 16 July 2018, you were discharged and assigned a RE-4B (not recommended for reenlistment – assigned when there is a military or civil record of in-service drug involvement). 
 
The Board carefully reviewed your application, weighed all potentially mitigating factors, and considered your contention that you did not intentionally use marijuana.  Specifically, you contend that unbeknownst to you, your friend had vaped CBD oil and you vaped from the same cartridge which resulted in a positive urinalysis.  The Board also considered your contention you worked hard to earn your “eagle globe and anchor pin,” your remorse for your actions, and your request for a second chance.  The Board, noting you did not submit any post-service information or advocacy letters, did not find sufficient evidence of an error or injustice that warrants a change to your reentry code.  A RE-4 reentry code is authorized when an individual is separated for misconduct and not recommended for reenlistment.  The Board concluded you received the correct reentry code. 
 
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.