Docket No: 4253-21 Ref: Signature Date Dear Petitioner: 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. A three-member panel of the Board, sitting in executive session, considered your application on 13 August 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). The Board determined your personal appearance, with or without counsel, would not materially add to their understanding of the issues involved. Therefore, the Board determined a personal appearance was not necessary and considered your case based on the evidence of record. You enlisted in the Marine Corps on 24 September 2001 after receiving a drug waiver for pre-service drug use. On 1 August 2002, you received nonjudicial punishment (NJP) for a one-day unauthorized absence (UA). On 18 October 2002, you received a second NJP for a 24-day UA, violating a lawful order by entering without proper authority, violating a lawful order by consuming alcohol while underage, and drunk and disorderly conduct. On 6 November 2002, you were convicted by summary court-martial for 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 procedural rights, your commanding officer recommended discharge by reason of misconduct with an other than honorable (OTH) characterization of service. After the staff judge advocate determined your administrative separation package was sufficient in law and fact, the discharge authority directed discharge with an OTH characterization of service by reason of misconduct due to drug abuse. On 8 January 2003, you were discharged with an OTH characterization of service. The Board carefully reviewed your application, weighed all potentially mitigating factors to include the mitigating factors explained in your new submission, and considered the contention that events you experienced in-service “led [you] to drink, led [you] to take a UA, and that led [you] to use marijuana.” Specifically, the Board considered your contention that you and a few fellow Marines were constantly hazed even though it was “made very clear” that hazing was not acceptable. You contend you were threatened and told that if you requested mast, there would be even more consequences. The Board also considered your contention that a sergeant, whose name you can’t remember, grabbed you by your blouse, lifted you up, and threw you against a wall in the barracks. Additionally, the Board considered your contention that during a training event, two Marines were killed which put “a very bad taste in [your] mouth” especially since you were about to go overseas and fight but “yet we are killing each other during training.” Lastly, the Board considered your statement that you are currently in the process of earning a criminal justice degree with hopes to get a job working with the Department of Homeland Security as a dog handler. In its full review of your recent and previous submission, the Board again considered your remorse, your willingness to take responsibility for your misconduct, and your statement regarding your post-service character and accomplishments. Specifically, the Board considered your contention you have matured and “been a productive member of society” through your business and your work with wounded warriors. However, the Board noted you still did not did not submit advocacy letters or post-service documents to be considered for clemency purposes. Even applying liberal consideration, the Board determined there was insufficient evidence of an error or injustice that warrants an upgrade to your characterization of service. 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, remorse for your youthful and immature actions, and your statement regarding your post-service accomplishments. Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief. Specifically, the Board determined that your misconduct outweighed these mitigating factors. Accordingly, given the totality of the circumstances, the Board determined that your request does not merit relief. 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, 8/28/21 Executive Director