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

Docket No:  8131-19 
Ref: Signature date 

Dear 

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.
 
Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel would not materially add to its understanding of the issues involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 

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 10 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, as well as applicable statutes, regulations, and policies.
 
You enlisted in the Marine Corps and began a period of active duty on 14 June 2000.  On 21 September 1999, you signed the statement of understanding on the USMC policy on drug abuse.  On 18 June 2001, you received nonjudicial punishment (NJP) for violation of a lawful order and unauthorized absence (UA).  On 21 September 2001, you were counseled for speeding on post, not wearing a seatbelt and driving with a suspended license.  On 15 October 2001, you received NJP for admitted wrongful use of marijuana, violating a lawful order, UA, and malingering (as diagnosed by a medical doctor).  Subsequently, administrative discharge action was initiated to separate you from the naval service by reason of misconduct due to your pattern of misconduct and drug use.  Your commanding officer (CO) noted that your record of misconduct also included apprehension and subsequent conviction for multiple traffic violations and admitted drug use, and recommended that you be separated with an other than honorable (OTH) characterization of service.  On 5 December 2001, you were served notice of administrative proceedings.  On 10 December 2001, you waived your procedural rights in writing, including your right to consult with and be represented by legal counsel, and to request that your case be heard before an administrative discharge board (ADB).  On 10 January 2002, you were counseled for refusing drug treatment.  On 15 April 2002, after consulting with your detailed defense counsel, you again waived an ADB.  On 17 April 2002, you submitted a written request to the separation authority to be retained in the Marine Corps.  On 2 May 2002, the staff judge advocate to the separation authority found your separations package legally sufficient, and recommended administrative discharge with an OTH characterization of service.  The separation authority agreed and, on 7 May 2002, you were so discharged. 

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge characterization, separation code, reentry code and change the narrative reason for separation, and your assertions that your discharge was unjust and unfair.  The Board also considered your assertions that you seek an upgrade to obtain Veterans Administration (VA) benefits, and so that you can receive treatment.  Finally, the Board considered your assertions that you never failed a drug test, were a great Marine, and were harassed by your squad leader.  However, the Board concluded that these factors and assertions were insufficient to warrant a change to your discharge given your misconduct, which resulted in 2 NJPs and your separation for your pattern of misconduct and drug use.  The Board noted no record of complaints or inquiries regarding harassment.  The Board also noted that 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 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,