Docket No: 5363-19 
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 21 October 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, relevant portions of your naval record, as well as applicable statutes, regulations, and policies. 
 
Regarding your request for a personal appearance, the Board determined that a personal appearance, with or without counsel, would not materially add to their understanding of the issues involved.  Therefore, the Board determined a personal appearance was not necessary and considered your case based on the evidence of record. 
 
You enlisted in the Marine Corps and began a period of active duty on 28 January 2013.  On 17 February 2015, you were counseled that you were not recommended for promotion due to failure to complete required professional military education.  On 26 June 2015, you received nonjudicial punishment (NJP) for failure to obey lawful orders and wrongful use of a controlled substance (Opioid).  You were awarded forfeiture of pay, restriction, extra duties, and reduction in rank.  On 29 June 2015, administrative discharge action was initiated by reason of misconduct due to drug abuse (use).  After being afforded all of your procedural rights, you waived them, and our case was forwarded to the separation authority for review.  Your commanding officer recommended that you receive an under other than honorable (OTH) conditions discharge.  On 23 July 2015, you completed a substance abuse treatment program.  On 4 August 2015, you were medically screened for post-traumatic stress disorder (PTSD) as well as traumatic brain injury (TBI) and it was determined you were negative for both.  On 30 September 2015, the separation authority approved your OTH separation from the Marine Corps.  On 7 October 2015, you received an OTH discharge.  On 31 January 2019, the Naval Discharge Review Board (NDRB) informed you of their decision to grant your request to upgrade your discharge to general (under honorable conditions) based on your two years of service with only one incident of misconduct and your successful completion of a substance abuse program. 
 
You requested, via your attorney, the Board upgrade your discharge to honorable.  Your attorney asserted that new evidence in support of your request would be provided at an in person hearing.  The Board carefully weighed all potentially mitigating factors, such as your record of service and noted that you provided no evidence to support your request.  The Board determined these factors were not sufficient to warrant a change to your discharge given your misconduct. 
 
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.