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

Docket No:  0369-19             
Ref: Signature date 

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 30 September 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, as well as applicable statutes, regulations, and policies. 

You enlisted in the Marine Corps and began a period of active duty on 27 April 1999.  On 5 January 2001, nonjudicial punishment (NJP) was imposed on you for wrongful use of drugs. Subsequently, administrative discharge action was initiated by reason of misconduct.  On 16 January 2001, your commanding officer notified you of administrative discharge proceedings and, on 17 January 2001, you waived your right to both counsel and a hearing at an administrative separation board.  On 19 January 2001, the staff judge advocate to the separation authority found the package legally sufficient and recommended an under other than honorable conditions (OTH) discharge.  On 22 January 2001, the separation authority approved your administrative discharge.  You received an OTH discharge on 26 January 2001. 

The Board carefully weighed all potentially mitigating factors, such as your request to upgrade your reentry code as well as your contentions that you have worked in the mental health field and as a laborer in the local union, where you are required to take drug screens on a regular basis, are pursuing a degree, and hope to fulfill your military obligation by enlisting in the   National Guard. The Board also considered the letters of recommendation from your uncle and from a Senior Master Sergeant in the   Air National Guard.  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 drug abuse.  The Board noted you waived your procedural rights in connection with your administrative separation and did not advocate for retention when more material was available. The Board found no material error or injustice in your 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. 


Sincerely, 


11/18/2019