Docket No: 1545-21 Ref: Signature Date Dear This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code. 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 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 14 April 2021. The names and votes of the panel members 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 the 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, to include the 25 July 2018 guidance from the Under Secretary of Defense for Personnel and Readiness regarding equity, injustice or clemency determinations (Wilkie Memo). You enlisted in the Marine Corps on 15 October 1996. Upon you enlisted in the Marine Corps, you received a waiver for substance abuse. On 11 June 1998, you received non-judicial punishment (NJP) for wrongful use of marijuana. Subsequently, you were notified of pending administrative separation action by reason of misconduct due to drug abuse. After you elected to waive your rights to counsel and to have your case heard before an administrative discharge board, your commanding officer (CO) recommended discharge under other than honorable (OTH) conditions by reason of misconduct due to drug abuse. The discharge authority approved this recommendation and directed separation under other than honorable conditions by reason of misconduct. On 21 August 1998, you were discharged. The Board carefully considered all potentially mitigating factors to determine whether the interests of justice warrant relief in your case in accordance with the Wilkie Memo. These included, but were not limited to, your desire to upgrade your discharge, change the narrative reason for your separation, change your RE-4 reenlistment code, change your separation code, change your discharge date, remove all NJP’s, and change your reserve obligation to the Navy and Marine Corps Reserves. The Board noted your contentions that there were errors in the evidentiary use of urinalysis results, you were not provided substance abuse treatment, your command failed to confirm a positive urinalysis and inform you of your rights to have the specimen tested in a civilian laboratory, and you were not provided adequate dental care prior to discharge. The Board also noted your contentions that you were an excellent Marine, had only one positive urinalysis, had 4.5 proficiency and conduct marks, were selected for meritorious LCPL and CPL promotions, finished pre-nursing studies since discharge, and were denied Department of Veterans Affairs (DVA) benefits for a home loan and veteran status on your driver’s license. Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief. Specifically, the Board determined that your enlistment waiver, NJPs and violation of the Navy’s “Zero Tolerance” drug policy outweighed these mitigating factors. Accordingly, given the totality of the circumstances, the Board determined that your request does not merit relief. In regard to your contentions that there were errors in the evidentiary use of urinalysis results, the Board noted that there is no evidence in your record, and you submitted none, to support your contention. In regard to your contention that were not provided substance abuse treatment, the Board noted that the record contains documented evidence that is contrary to your contention. The record clearly shows that on 22 July 1998, you acknowledged that if assistance for substance abuse is required after discharge, you must contact your local DVA. In regard to your contention that your command failed to confirm a positive urinalysis, the Board noted that the record contains documented evidence that is contrary to your contention. The record clearly shows that you tested positive for marijuana prior to your deployment to and the results of the urinalysis were discovered upon your return from deployment. In regard to your contention that your command failed to inform you of your rights to have the specimen tested in a civilian laboratory, the Board noted that there is no evidence in your record, and you submitted none, to support your contention. The Board also noted that the record shows that you were notified of, and waived your right to, present your case to an administrative board (ADB). In doing so, you gave up your first and best opportunity to advocate for retention or a more favorable characterization of service. In regard to your contention that you were not provided adequate dental care prior to discharge, the Board noted that there is no evidence in your record, and you submitted none, to support your contention. In regard to your contentions that you were an excellent Marine, had only one positive urinalysis, had 4.5 pros and cons marks, and was selected for meritorious LCPL and CPL promotions, the Board noted that a Marine’s service is characterized at the time of discharge based on performance during the current enlistment. In regard to your contention that you finished pre-nursing studies since discharge, the Board noted while commendable, your post service conduct does not excuse your conduct while enlisted in the Marine Corps or the basis for your discharge. Regarding your contentions that you were denied DVA benefits for a home loan and having veteran status on your driver’s license, whether or not you are eligible for benefits is a matter under the cognizance of the DVA, and you should contact the nearest office of the DVA concerning your right to apply for benefits. If you have been denied benefits, you should appeal that denial under procedures established by the DVA. 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, 4/28/2021 Executive Director