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

Docket No: 4525-19 
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 on 29 December 1988. On 26 May 1988, you signed the US Marine Corps policy on drug abuse.  On 16 April 1990, you received nonjudicial punishment (NJP) for violation of a lawful order and wrongful use of cocaine.  Subsequently, administrative discharge action was initiated by reason of misconduct – drug abuse.  On 12 June 1990, you waived counsel and an administrative board.  On 15 June 1990, your commanding officer recommended that you be discharged with an (OTH) characterization of service.  After being afforded all of your procedural rights, your case was forwarded to the separation authority for review.  On 22 June 1990, the staff judge advocate to the separation authority found the separation package legally sufficient.  On 23 June 1990, the separation authority directed that you be separated with an OTH discharge.  You received an OTH discharge on 16 July 1990. 

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and your assertions that you were young, hanging around with the wrong people, and are sorry for the mistakes you made.  The Board also considered your assertion that, while in the Marine Corps, you learned a lot that you use every day.  Finally, the Board considered your assertions that you turned your life around, have not had any trouble, married, have two kids, and have not had a drink for 20 years or used drugs for 28 years.  The Board concluded these factors and assertions were not sufficient to warrant a change to your discharge given your misconduct that violated the MarineCorps’ zero tolerance policy on drugs.  The Board 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. 

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,