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 March 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 6 November 2006. On 29 January 2008, you were convicted by General Court-Martial (GCM) of wrongfully using marijuana and two specifications of wrongfully distributing marijuana.  You were sentenced to confinement, reduction in rank, forfeiture, and a dishonorable discharge (DD).  The DD was subsequently approved at all levels of review, and on 15 October 2008, you were discharged. 

The Board carefully reviewed your application, weighed all potentially mitigating factors, and considered your contention that your DD is affecting your “livelihood” and has caused you to be “turned down for certain jobs when they do a thorough background check.”  TheBoard also considered your contention you were approached during a“sting operation” but “didn’t have any plans” to “buy or sell anything until I was approached by another Marine with higher rank.”  You also contend you “didn’t get anything out of the transaction nor was I trying to benefit.”  The Board also considered the 18 handwritten advocacy letters submitted on your behalf.  Unfortunately, the Board did not find evidence of an error or injustice that warrants granting clemency nor did it find any procedural defects.  Based on the available evidence, the Board determined your DD was appropriate considering your GCM conviction. 

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.