DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S COURTHOUSE ROAD SUITE 1001 
ARLINGTON VA 22204-2490
                
Docket No: 9154-19 
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, sitting in executive session, considered your application on 2 September 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. 
 
You enlisted in the Marine Corps and began a period of active duty on 11 March 2002.  On 15 May 2003, you received non-judicial punishment (NJP) for wrongful use of marijuana.  On 6 June 2003, you were notified of pending administrative action to separate you from the Marine Corps by reason of misconduct due to drug abuse.  You were advised of, and elected your procedural right to consult with and be represented by military counsel, and your right to present your case to an administrative discharge board (ADB).  On 17 September 2003, after consulting with legal counsel, you submitted a conditional request to waive your right to an ADB contingent upon the Commanding General (CG) suspending any administrative discharge he may direct.  On 6 November 2003, the CG denied your request.  On 9 December 2003, your ADB was convened.  The ADB determined that the preponderance of the evidence supported that you committed misconduct and recommended that you be separated from the Marine Corps with an other than honorable (OTH) characterization of service.  The ADB’s recommendation was approved and you were discharged in 2 February 2004, by reason of misconduct due to drug abuse, and you received an OTH characterization of service.   

The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge.  The Board considered your contention that the decision you made was a self-destructive choice, and that you take ownership of the situation.  You further state that you are much wiser and accept that you chose the wrong path at that point in your life.   
 
After careful consideration, the Board ultimately concluded that these factors were not sufficient to warrant relief in your case due to the seriousness of your misconduct that resulted in an NJP involving wrongful use of a controlled substance.  Accordingly, under the totality of the circumstances, the Board discerned no probable material error or injustice in the discharge. 
 
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,