DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No:  7849-19
Ref: Signature date 

Dear : 

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 for Correction of Naval Records, sitting in executive session, considered your application on 12 February 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. 

On 12 May 1992, during the recruiting process, you signed the Marine Corps policy concerning illegal use of drugs and denied any pre-service drug usage.  On 19 May 1992, you began active duty.  On 31 January 1996, you received nonjudicial punishment (NJP) for wrongful use of a controlled substance marijuana (THC).  Subsequently, on 9 February 1998, you were notified of administrative discharge processing by reason of misconduct, specifically drug abuse.  You did not consult with counsel and waived your right to an administrative discharge board.  On 19 March 1996, the Staff Judge Advocate to the Separation Authority found the package legally sufficient and concurred with both your commanding officer and the regimental commander that you be discharged with an under other than honorable (OTH) character of service by reason of misconduct due to drug abuse.  On 21 March 1996, the Separation Authority directed your discharge and on 22 March 1996, you were discharged with an OTH character of service by reason of misconduct due to drug abuse. 

The Board carefully weighed all potentially mitigating factors, such as your post-service conduct and your contentions that you lacked a stable living situation, joined the military to turn your life around, and your deployment history.  TheBoard also considered your mother’s medical condition and how it affected you.  The Board concluded these factors were not sufficient to warrant a change to your discharge or narrative reason for separation given your disregard for the Marine Corps policy on illegal use of drugs. The Board noted you waived your procedural rights in connection with your administrative separation.  By doing so, you gave up your first, and best, opportunity to advocate for retention or a more favorable 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 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,