Docket No: 6315-19 
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 for Correction of Naval Records, sitting in executive session, considered your application on 18 November 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, together with all material submitted in support thereof, relevant portions of your naval record, and applicable statutes, regulations, and policies. 
 
You enlisted in the Marine Corps and began a period of active duty on 13 August 1996.  You were counseled on 16 March 1998, in which you acknowledged being eligible but not recommended for promotion to corporal for the April to June 1998 promotion period due to lack of leadership.  On 21 January 1999, you were found guilty at summary court martial (SCM) for wrongful use of a controlled substance (THC).  The Court sentenced you to confinement for 29 days, forfeiture of $639 pay per month for 1 month, and reduction in paygrade to E-1.  You were counseled on 19 May 1999, concerning illegal drug involvement.  On 2 July 1999, you were discharged from the Marine Corps on the basis of drug abuse, and received an other than honorable characterization of service and a reentry (RE) code of RE-4B. 
 
You request an upgrade to your service characterization from other than honorable to general on the basis of injustice.  You state that your discharge was for a singular breach of conduct.  You also assert that you took responsibility for your actions.    
 
The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, including your contention that you had a singular lapse in conduct.  The Board noted that prior to your SCM, you were counseled due to lack of leadership.  Additionally, the Board considered the nature of your misconduct.  Given the seriousness of your use of a controlled substance while in an active duty status, the Board found that your other than honorable discharge was warranted.  The Board concluded that your record does not reflect an error or injustice that merits corrective action. 
 
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 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.