Docket No: 9695-19            
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 relevant portions of your naval record and your application, 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 14 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 17 December 2001.  On 29 August 2003, you were found guilty at summary court martial for wrongful use of cocaine and sentenced to confinement for 30 days.  In September 2003, you were notified of administrative separation proceedings against you on the basis of drug abuse and you elected to appear before an administrative separation board.  On 25 September 2003, Commanding Officer,  recommended that you be discharged on the basis of misconduct.  In December 2003, you revisited your choice to appear before an administrative separation board and elected to waive your right to do so.  On 16 January 2004, you were discharged from the Marine Corps on the basis of Misconduct, and received an other than honorable discharge and a reentry (RE) code of RE-4B. 
 
In your application for correction, you ask to be recognized as a veteran of the United States and an upgrade to your discharge characterization from other than honorable to general.  You state that although you were discharged with an other than honorable, you believe that you are a veteran because of your service in OIF.  You assert that you are not recognized as a veteran because of your discharge. 
 
The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, including the inference that you would like a general discharge so that you are able to access certain veterans benefits.  The Board noted that your service to the Marine Corps establishes you as a veteran of the Armed Forces, but that entities such as the Department of Veterans Affairs make their own determinations on the criteria required for veterans’ benefits.  With respect to your request for an upgrade to your characterization of service, the Board determined that the misconduct reflected in your record supports your other than honorable discharge.  The Board found that your current discharge does not merit corrective action on the evidence and information you provided, and corrective action is not warranted.    
 
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,