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

Docket No:  3362-19               
Ref: Signature date 

This is in reference to your application of 11 January 2019 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 18 November 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, together with all material submitted in support thereof, relevant portions of your naval record, and applicable statutes, regulations, and policies. 

You enlisted in the Marine Corps and began a period of active duty on 9 March 1999.  Prior to active duty, on 3 April 1998, you signed the US Marine Corps policy on drug abuse.  On 25 January 2000, you received non-judicial punishment (NJP) for wrongful use of methamphetamine/amphetamines.  Subsequently, administrative action to separate you from the naval service was initiated by reason of misconduct due to drug abuse. On 6 March 2000, the separation authority concurred with your CO’s recommendation and directed that you be separated with an OTH discharge.  On 8 March 2000, you were so discharged.  On 19 November 2007, the Naval Discharge Review Board denied your application to upgrade your discharge to Honorable. 

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge, and assertions that the type of discharge you received for consuming an illegal drug, while enlisted, is much too detrimental for a young teenager.  The Board also considered that you have lived out the sentence of an OTH discharge for over 20 years and have suffered greatly.  The Board noted your admission that the decision you made as a very immature teenager was not honorable, but this one decision should not erase the many honorable things you did while serving.  Finally, the Board noted your contention that there are individuals who broke the law in much more egregious ways who were not been impacted as much as you.  The Board noted that there is no Marine Corps regulation or provision in law that allows for recharacterization of service due solely to the passage of time.  The Board concluded these factors and assertions were not sufficient to warrant a change to your discharge given your misconduct which resulted in NJP for wrongful drug use. 

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, 


12/10/2019