DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 7298-19 Ref: Signature Date 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, sitting in executive session, considered your application on 25 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, as well as applicable statutes, regulations, and policies. You enlisted in the Marine Corps and began a period of active duty on 15 October 2002. On 9 January 2004, you were found guilty at summary court-martial for wrongful use of a controlled substance. A 12 February 2004 Medical Officer’s Evaluation noted that you refused to be evaluated following a positive urinalysis for methamphetamines. On 4 April 2004, you were found guilty at a second summary court-martial for a period of unauthorized absence (UA) from 17 February 2004 through 28 February 2004 and for wrongful use of methamphetamine. You were subsequently notified of administrative separation proceedings against you. On 30 April 2004, your commanding officer noted that you lacked both the dependability and professionalism required of a Marine as well as recommended that you be administratively separated. You were separated from the Marine Corps on 19 May 2004, on the basis of misconduct, received an other than honorable characterization of service, and received a reentry (RE) code of RE-4B. You request an upgrade to your service characterization and indicate that you would like your RE-4 code changed as well. You provide a letter of recommendation that notes you are in your fifth year of apprenticeship with the Apprenticeship and Training Program as well as a member in good standing with the International Brotherhood of Electrical Workers Local Union in . You also are a volunteer in your community and have assisted in natural disaster recovery efforts. A second letter of recommendation notes that you made mistakes in the Marine Corps that you greatly regret to this day and have come a long way in your personal growth since your discharge. The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, including your post-service contributions to your community, your professional achievements, and your character growth as evidenced by your submissions to the Board. The Board reviewed the information in your service record and noted that you received two summary court-martials for separate instances of wrongful use of a controlled substance and that your period of UA in February 2004 was terminated by apprehension. The Board found that, even in consideration of your post-discharge accomplishments and other mitigating factors, the seriousness of your misconduct of two instances of wrongful use of a controlled substance and a period of UA terminated by apprehension was not overcome. The Board found that your other than honorable characterization of service as well as the RE-4B were properly issued and neither merit corrective action at this time. 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, 1/10/2020