Docket No: 4673-19 
             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 relevant portions of your naval record and your application, the Board for Correction of Naval Records (Board) found the evidence submitted 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 9 October 2020.  The names and votes of the panel members 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 the 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, to include the 25 July 2018 guidance from the Under Secretary of Defense for Personnel and Readiness regarding equity, injustice or clemency determinations (Wilkie Memo). 
 
You enlisted in the Marine Corps and began a period of active duty on 26 April 1988.  On 6 June 1989, you signed an agreement to accept nonjudicial punishment (NJP) in lieu of special court-martial.  On 7 June 1989, NJP was imposed on you for attempting to wrongfully possess and distribute cocaine.  On 20 June 1989, a Substance Abuse Evaluation revealed that you experienced an isolated incident of drug abuse, and some initial stages of alcohol abuse, and you were recommended for placement in a Urinalysis Surveillance Program until discharge.  On 17 October 1989, you were notified of administrative processing for misconduct due to drug abuse.  In accordance with your agreement to accept NJP in lieu of special court-martial, you waived your right to request to have your case heard before an administrative discharge board.  Your case was then forwarded to the separation authority with a recommendation that you receive an other than honorable (OTH) discharge due to drug abuse.  The recommendation was approved and on 1 December 1989, you were discharged from the Marine Corps for misconduct due to drug abuse with an OTH characterization of service. 

The Board considered your assertions that you were set up by your platoon sergeant, and a civilian working for the Naval Criminal Investigative Service (NCIS) posing as a drug dealer.  You further assert that the civilian was working as a confidential informant to help his cases by setting you up for the NCIS.  The Board concluded these factors and assertions were not sufficient to warrant a change to your characterization of service.   
  
The Board also carefully considered all potentially mitigating factors to determine whether the interests of justice warrant relief in your case in accordance with the Wilkie Memo.  These included, but were not limited to your desire to upgrade your discharge.  Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief.  Specifically, the Board determined that your misconduct, evidenced by your NJP for attempting to wrongfully possess and distribute cocaine, outweighed these mitigating factors.  Accordingly, given the totality of the circumstances, the Board determined that your request does not merit relief.   
 
You are entitled to have the Board reconsider its decision upon 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,