DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 
Docket No. 8093-15 
HAY 2 0 2016 



This is in reference to your application for correction of your naval record pursuant to the provisions of 10 use 1552. 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 case on its merits. A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 6 May 2016. 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, your naval record and applicable statutes, regulations· and policies. 

A review of your record shows that you entered active duty with the Marine Corps on 28 November 2001. After graduating from basic training, you were placed in a special company to recover from your bi-lateral tibia stress fractures and left shoulder brachial plexus palsey. On 13 May 2002, a urinalysis sweep returned a positive result for marijuana in your urine sample. Due to your misconduct, you were convicted a summary court-martial and pursuant to a pre-trial agreement administratively discharged with an Other than Honorable 
(OTH) characterization of service for your drug abuse. 

The Board carefully considered your arguments that you deserve a disability discharge since you were injured while you were on active duty and suffered from mental problems. Unfortunately, the Board disagreed with your rationale for relief. First, the Board was not presented with any evidence that showed you suffered from any mental issues while on active duty. Second, despite the existence of physical injuries while you were on active duty, you were properly processed for misconduct vice a disability. Service regulations require misconduct processing to supersede disability processing. So the existence of a potential disability did not convince the Board that you should have been referred to the Disability Evaluation System. · Third, the Board determined that your miscondu.ct was too serious to upgrade your characterization of service. Illegal drug use 
in the military is potentially dangerous to you and other service members due to t he nature of the military's mission. In addition, the Board felt you received the benefit of your pre-trial agreement by avoiding a special court-martial. One of the conditions of the agreement was a waiver of your administrative separation board which you knew woul d likely result in an OTH characterization of service. The Board concluded that you did not present sufficient mitigating evidence t o warrant changing the t erms of that agreement. Accordingly, the Board was unable to find an error or injustice warranting a correction to your record and denied your application. The names and votes of the members of the panel will be furnished upon request. 

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 i t s decisi on upon submission of new evidence within one year from the date of the Board's decision. New evidence is evidence not previously considered by the Board prior to maki ng i t s decision in this case. 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 ex1stence of probable material error or injustice. 
Sincerely, 

Executive Director