Docket No: 5935-19 
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 the evidence with respect to your request to upgrade your characterization of service was insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied. 
 
Although you did not file the application in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider the application on its merits.  A three-member panel of the Board, sitting in executive session, considered the application on 29 July 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 the application, together with all material submitted in support thereof, relevant portions of your naval record, as well as applicable statutes, regulations, and policies. 
 
You reenlisted in the Marine Corps on 23 November 1985.  On 21 November 1989, you received nonjudicial punishment for using methamphetamine.  On 14 February 1990, you were tried by a summary court-martial for another instance of using methamphetamine.  Thereafter, you were notified that you were being processed for administrative separation, and you waived your right to an administrative discharge board.  You were discharged on 13 April 1990, with a general characterization of service. 
 
The Board carefully weighed all of your contentions as well as all potentially mitigating factors, including your contention that you suffered emotionally as a result of your father dying in ; you have suffered your entire life from post-traumatic stress disorder (PTSD); and you had high marks as a Marine, until you became dependent on methamphetamine.  The Board acknowledged your contention that you were doing well until you became addicted to methamphetamine.  In making its decision, the Board considered that you were punished for using methamphetamine one time, and you were not separated from the Marine Corps, yet you then engaged in its use again for a second time, for which you were separated.  In light of the Navy’s position on eradicating the use of illegal drugs in its ranks, an other than honorable characterization of service for two instances of use is an appropriate characterization.  The Board also considered your application in light of the 25 July 2018 memorandum, “Guidance to Military Discharge Review Boards and Boards for Correction of Military/Naval Records Regarding Equity, Injustice, or Clemency Determinations.”  The Board noted, however, that you did not provide documentation concerning your post-service accomplishments or information regarding your treatment for addiction or PTSD.  While not dispositive, such information is useful to the Board in rendering decisions based on clemency determinations.  Accordingly, after careful consideration of your contentions and materials, the Board did not find evidence of an error or injustice that warrants upgrading your 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,