Docket No: 7584-19 
Date: Ref Signature 

 
Dear: 
 
This is in reference to your application of 7 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 12 August 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, relevant portions of your naval record, and applicable statutes, regulations, and policies. 
 
You enlisted in the Marine Corps and began a period of active service on 20 April 1993.  On 6 December 1993, you tested positive for marijuana use.  As a result of the foregoing, you received non-judicial punishment (NJP) for wrongful use of a controlled substance.  On 9 February 1994, you were notified of the initiation of administrative separation proceedings by reason of misconduct-drug abuse and elected to assert your right to consult with military counsel.  On 28 February 1994, your commanding officer recommended your discharge by reason of misconduct-drug abuse with an other than honorable (OTH) characterization of service.  On 16 March 1994, the discharge authority approved and directed your discharge.  On 25 March 1994, you were discharged with an OTH characterization of service by reason of misconduct-drug abuse. 
 
The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge, as well as your contention that a mistake was made and you were not at fault, and other Marines would be able to submit statements on your behalf.  The Board reviewed all material evidence you submitted with you application.  The Board commends your post-service conduct; however, the Board concluded that there was no evidence of an error or injustice that warrants upgrading your characterization of service. 

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,