Docket No: 7142-19 
Ref: Signature Date           

Dear  
 
This is in reference to your application of 14 July 2019 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 that 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, 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 20 June 2005.  On 29 August 2006, you received non-judicial punishment (NJP) for underage drinking and driving under the influence (DUI).  On 20 September 2006, you were counseled regarding your recent NJP and suspended driving privileges.  You were advised that failure to take corrective action may result in administrative separation or judicial proceedings.  On 1 September 2011, you received a second NJP for wrongful use of a controlled substance (MDMA/Ecstasy).  On 7 September 2011, you were medically screened for post-traumatic stress disorder (PTSD), and traumatic brain injury (TBI) and found negative for both.  Subsequently, administrative action to separate you from the naval service was initiated by reason of misconduct due to drug abuse.  You consulted with an attorney, and waived your right to present your case to an administrative discharge board.  Your commanding officer recommended that you receive an under other than honorable (OTH) characterization of service and the separation authority approved your separation from the Marine Corps.  On 4 October 2011, you were discharged with an OTH characterization of service.   

On 15 November 2017, the Naval Discharge Review Board (NDRB) informed you of their decision regarding your request to upgrade your discharge.  The NDRB determined that your discharge was proper as issued and no change was warranted.  The NDRB noted the following administrative errors on your DD Form 214:  Block 18, Remarks, should contain the statement:  “CONTINUOUS HONORABLE SERVICE FROM 050620 UNTIL 091123;” Block 24, Character of Service, should read “UNDER OTHER THAN HONORABLE CONDITIONS;” and Block 28, Narrative Reason for Separation, should read:  MISCONDUCT.”  The NDRB recommended that the Commander, Naval Personnel Command (NPC) make the corrections as appropriate. 
 
You requested the Board correct the errors on your DD 214 Blocks 18, 24, and 28.  You asserted the errors on your DD 214 have already been recognized and were not changed.  The Board found no error in the records.  The Board noted that your DD 214 currently reads as follows:  Block 24:  “UNDER OTHER THAN HONORABLE CONDITIONS,” and Block 28:  “MISCONDUCT.”  Additionally, the Board noted that the NDRB summary of service did not include your NJP of 29 August 2006, which may be why NPC did not add the recommended statement to Block 18.  
 
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.