DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490
                                                              
Docket No: 725-19                                                              
Ref: Signature Date 

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 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 7 January 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, as well as applicable statutes, regulations, and policies. 

You enlisted in the Marine Corps on 14 December 1993.  During the period 3 - 4 April 1997, you received two non-judicial punishments (NJP) for unauthorized absence (UA) totaling 144 days and wrongful use of methamphetamine. As a result, you self-referred yourself to the Substance Abuse Rehabilitation Department (SARD) and completed the treatment on 20 June 1997.  Subsequently, you were notified of pending administrative action to separate you from the naval service by reason of misconduct due to drug abuse.  After you waived your procedural rights, your commanding officer (CO) recommended that you be discharged with an other than honorable (OTH) characterization of service by reason of misconduct due to drug abuse.  The discharge authority approved this recommendation and directed separation under OTH conditions by reason of misconduct.  On 21 August 1997, you were so discharged.
 
The Board carefully weighed all potentially mitigating factors, such as your request to upgrade your discharge and contentions that it has been 20 years since your discharge, you have been “clean” since discharge, and have become a “very successful worker in the manufacturing field.”  However, the Board concluded that your UA and violation of the Navy’s drug policy outweighed your mitigating factors. In regard to your contention that it has been 20 years since your discharge, the Board noted that there is no provision in law or regulations that allows for re-characterization of a discharge due solely to the passage of time. In regard to your contentions that you have been clean since discharge and became a very successful worker in the manufacturing field, the Board noted that while commendable, your post-service conduct does not excuse your conduct while enlisted in the Marine Corps, or the basis for your discharge. 

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, 

1/31/2020