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

Docket No: 9116-19              
Ref: Signature Date 

This is in reference to your application of 11 September 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 27 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, relevant portions of your naval record, and applicable statutes, regulations, and policies. 

You enlisted in the Marine Corps and began a period of active duty on 18 September 1996.  In February 1999, you received non-judicial punishment (NJP) for a period of unauthorized absence (UA).  On 15 January 2000, you were found guilty at summary court-martial for a period of UA from 4 October to 2 November 1999.  On 24 July 2001, you received a second NJP for a period of UA.  On 1 August 2001, you received a third NJP for wrongful use of a controlled substance (marijuana).  On 15 August 2001, you were notified of an administrative action to separate you from the naval service for drug abuse and a pattern of misconduct.  You waived your right to consult with counsel and to present your case to an administrative discharge board.  A staff judge advocate reviewed the administrative discharge proceedings and found them legally sufficient.  You were discharged from the Marine Corps on 28 August 2001, on the basis of misconduct and received an other than honorable characterization of service and a reentry (RE) code of RE-4. 

You request an upgrade to your service characterization from other than honorable to general so that you may file a claim for untreated injuries incurred while you were on active duty in the Marine Corps.  You state that you had extreme extenuating circumstances during the time of your misconduct at the end of your enlistment.  You state that prior to deployment you were notified that your mother was ill with pancreatitis and that your father was diagnosed with cancer.  You received a humanitarian transfer to    ; your wife then notified you that she was seeking divorce.  You were attached to a unit in      and contend that you had a newly promoted staff sergeant who required you to report daily.  You state that you went UA to drive your father to his cancer treatments and stayed away until your father’s treatments were complete.  You also contend that you took a couple of puffs of marijuana to purposely fail a urinalysis.  You assert that you were young, pushed to your limits mentally, and made bad choices which you regret.  You state that you wholeheartedly love the Marine Corps. 

The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, including your remorse, your personal circumstances at the time of your misconduct, and your youth and immaturity.  The Board found that even in consideration of your challenging personal circumstances, the frequency of your UAs as evidenced by two NJPs and a summary court-martial and the seriousness of your wrongful use of a controlled substance while in an active duty status could not be overcome.  The Board concluded that your other than honorable characterization of service is supported by the misconduct in your record and your desire to seek treatment for service-connected injuries is not a sufficient basis to establish an injustice to your current 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, 


1/12/2020