DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 7135-19 Ref: Signature Date Dear Mr. 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 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 14 September 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, and applicable statutes, regulations, and policies. You enlisted in the Marine Corps and began a period of active duty on 5 August 1996. On 29 July 1997, you were counseled for deficiencies in your performance to include lacking physical stamina and endurance to successfully complete section runs and hikes. On 12 November 1998, you were counseled for allowing your automobile insurance to lapse and fleeing the scene of an accident resulting in your arrest on 1 August 1998, for felony hit and run. Your counseling indicates that the charges were dropped, but you were advised that the conduct displayed a lack of maturity. On 6 January 1999, you were found guilty at special court martial for distributing marijuana (two specifications) and wrongful use of marijuana. On 12 November 1999, the Navy and Marine Corps Appellate Leave Activity approved the special court martial sentence of confinement for 150 days, reduction in rank and a bad conduct discharge. You were discharged from the Marine Corps on 12 November 1999, on the basis of the special court martial conviction, and received a bad conduct discharge and a reentry (RE) code of RE-4. In your application for consideration, you ask that your discharge be upgraded to a general or honorable characterization of service. You have submitted a personal statement in which you noted that you did not submit an application for correction within the statute of limitations because you struggled with serious substance abuse issues until you completed a year-long treatment program. You also experienced severe financial hardships and mental instability that prevented you from understanding your rights and previously applying. You state that you regret the bad decision that now defines your military career. You note that while you were in the Marine Corps, you used marijuana during a period of leave, and that after your wrongful use was reported by another Marine, you admitted to the misconduct right away. You state that the judge advocate informed you that you only had two options: (1) go to the brig, go to court martial, and then be discharged, or (2) be court martialed and go the brig later. You assert that you were not advised of other options, or the nature of the discharge you would receive if you were to plead guilty to wrongful use of THC. You also state that you were not offered treatment or other rehabilitation. You note that since your discharge you have tried to pull your life together, but without the structure and order of the Marines, you fell into old habits. You have participated in rehabilitation and you now work with the Police Department of the City of Beverly Hills as a tow truck driver with their contracted tow truck company. Now that you have turned your life around, you believe that you would have been able to remain in the Marine Corps and complete your service honorably if you had received treatment or been given information about your options. You state that you are saddened that your service is reduced to a “dishonorable discharge” for a single instance of marijuana use. You ask that Board grant you clemency and take into account the quality of your service, consider that there were matters beyond your control that impaired your capability to serve (anxiety), a change in policy toward drug use, error of not being offered rehabilitation, and your post-service accomplishments to include your rehabilitation and your work with the Department of the City of . The Board noted that your application for correction raises a potential issue of a mental health condition (anxiety) during your military service. In a communication dated 16 October 2019, you were asked to provide additional medical or clinical evidence to support your claim. When you did not provide additional evidence, your case was re-opened and processed for consideration by the Board. Your request was fully and carefully considered by the Board in light of the Secretary of Defense’s Memorandum, “Supplemental Guidance to Military Boards for Correction of Military/Naval Records Considering Discharge Upgrade Requested by Veterans Claiming Post Traumatic Stress Disorder” of 3 September 2014, and the “Clarifying Guidance to Military Discharge Review Board and Boards for Correction of Military/Naval Records Considering Requests by Veterans for Modification of their Discharge Due to Mental Health Conditions, Sexual Assault, or Sexual Harassment” memorandum of 25 August 2017. The Board also reviewed your petition in light of the Under Secretary of Defense’s memorandum, “Guidance to Military Discharge Review Boards and Boards for Correction of Military/Naval Records Regarding Equity, Injustice, or Clemency Determinations” of 25 July 2018. The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, including your post-service rehabilitation, your contributions to the community through your work with the Police Department, and the fact that policies toward the use of marijuana have changed. The Board noted your claim of anxiety, but found that there was insufficient evidence either in your service record or submitted by you to establish that you suffered from a mental health condition while you were in the Marine Corps that mitigated your misconduct. The Board noted that your record reflects two counselings and a court martial conviction for distributing marijuana and using marijuana. The Board found that your bad conduct discharge was supported by the misconduct reflected in your record, and concluded that your current discharge does not reflect an error or an injustice, and does not merit 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. Sincerely, 11/23/2020 Executive Director