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

Docket No:  0447-19             
Ref: Signature date 

Dear: 

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 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 28 December 1998.  On 12 June 2000, you were counseled for insubordination toward a non-commissioned officer.  On 17 August 2000, you were convicted in     Superior Court of unlawful possession of ecstacy (MDMA) and ketamine.  On 5 October 2000, you received nonjudicial punishment (NJP) was for wrongful use of MDMA, ketamine, and cocaine.  Subsequently, administrative discharge action was initiated by reason of Misconduct, Drug Abuse.  On 12 October 2000, your commanding officer notified you of administrative proceedings to separate you from the naval service for misconduct due to drug abuse with an other than honorable (OTH) characterization of service.  That same day you waived your right to request that your case be heard before an administrative discharge board (ADB).  
On 14 December 2000, the staff judge advocate to the sepation authority determined that your separation package was legally sufficient.  That same day the separation authority approved your OTH discharge.  On 22 December 2000, you were so discharged.  

The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your reentry code and your contentions that you suffered harassment and racial discrimination.  The Board also considered that your contention that you have a clean record since your administrative discharge.  However, the Board concluded that these factors and assertions were insufficient to warrant a change to your discharge given your misconduct, which included an NJP for drug abuse.  The Board also noted you waived your procedural rights in connection with your administrative separation.  By doing so, you gave up your first, and best, opportunity to advocate for retention or a more favorable characterization of service. 
Regarding your contentions of harassment and discrimination, your in-service record does not support your contentions and you provided no evidence for consideration by the Board.  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, 


11/14/2019