DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 989-19 Ref: Signature Date 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 21 January 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 on 6 April 1992. On 31 August 1993, you received non-judicial punishments (NJP) for disobeying a lawful order, making a false official statement, assault, and drunk and disorderly conduct. On 1 March 1994, you received NJP for wrongful use of marijuana. On 2 May 1994, you were convicted by summary court-martial of absence from appointed place of duty and wrongful use of marijuana. Subsequently, you were notified of pending administrative separation action by reason of misconduct due to drug abuse. After you waived your rights, your commanding officer (CO) recommended that you be discharged with an other than honorable (OTH) characterization of service by reason of misconduct due to drug abuse. The separation authority approved this recommendation and directed OTH discharge by reason of misconduct due to drug abuse. On 29 July 1994, you were so discharged. The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and the following contentions: that you used marijuana as a coping mechanism to deal with the stress of your wife’s infidelities; that you enjoyed your service; that until this time, you were a model Marine; that you received awards for participation in competitions; that you were chosen to participate on special teams and train other Marines; that your peers spoke highly of you; that you began to spiral downward when accused of being a racist, and that you would like assistance through the Department of Veterans Affairs (VA). Concerning you contentions that, prior to discharge, you enjoyed your service, you were a model Marine who received awards and selected to participate on special teams, and your peers spoke highly of you. In this regard, the Board concluded that your violation of the Marine Corps’ “Zero Tolerance” drug policy outweighed your desire to upgrade your discharge and your accomplishments during your enlistment. In regard to your contentions that you used marijuana as a coping mechanism to deal with your wife’s infidelities and spiraled out of control after being accused of being a racist, the Board noted that there is no evidence in your record, and you submitted none, to support your contentions. The Board also noted that the record shows that you were notified of and waived your right to present your case to an administrative discharge board. In doing so, you gave up your first and best opportunity to advocate for retention, assistance, or a more favorable characterization of service. In regard to your contention that you need VA benefits, the Board noted that whether or not you are eligible for benefits is a matter under the cognizance of the VA, and you should contact the nearest office of the VA concerning your right to apply for benefits. If you have been denied benefits, you should appeal that denial under procedures established by the VA. 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, 2/11/2020