DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 

Docket No: 9200-15 
OEC 1 5 2016 


This is in reference to your application for correction ofyour naval record pursuant to the provisions of title 10 ofthe United States Code, section 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 our application on its merits. A three-member panel of the Board for Correction ofNaval Records, sitting in executive session, considered your application on 13 July 2016. The names and votes of the members ofthe panel will be furnished upon request. Your allegations oferror 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 suppo1i thereof, your naval record, and applicable statutes, re~ulations, and policies. 

After careful and conscientious consideration of the entire record, the Board found the evidence 
submitted was insufficient to establish the existence of probable material error or injustice. 


Regarding your request for a personal appearance, Board regulations state that personal 
appearances before the Board are not granted as a right, but only when the Board detennines that 
such an appearance will serve some useful purpose. In your case, the Board determined that a 
personal appearance was not necessary and considered your case based on the evidence ofrecord. 
You reenlisted in the Marine Corps on 16 December 1983, after seven years of prior service. 
You served for four months without disciplinary incident, but on 1 May 1984, you tested positive 
for wrongful use cocaine in a random urinalysis. You requested a polygraph. The results of the 
polygraph resulted in findings that deception was used during the examination. 
Subsequently, you were notified ofpending administrative separation processing with an other 
than honorable (OTH) discharge by reason ofmisconduct. You elected to consult with legal 
counsel and subsequently requested an administrative discharge board (ADB). The ADB found 
that you had committed misconduct and recommended that you be discharged under OTH 
conditions by reason ofmisconduct due to drug abuse. The separation authority approved the 
recommendation and directed an OTH discharge by reason ofmisconduct due to drug abuse. On 
31 August 1984, you were so discharged. 


The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge. Nevertheless, the Board concluded these factors were not sufficient to warrant relief in your case because ofthe seriousness ofyour misconduct that resulted in wrongful drug use in light of the Marine Corps' policy of"zero tolerance." Accordingly, your application has been denied. 

The Board believes that you are eligible for veterans' benefits which accrned during your prior periods ofservice. However, your eligibility is a matter under the cognizance ofthe Department ofVeteran Affairs (DVA). In this regard, you should contact the nearest DVA office concerning your rights, specifically, whether or not you are eligible for benefits based on these periods of 
service. 

It is regretted that the circumstances ofyour case are such that favorable action cannot be taken. You are entitled to have the Board reconsider its decision upon submission of new and material evidence within one year from the date ofthe Board's decision. New evidence is evidence not previously considered by the Board prior to making its decision in your 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 ofan official naval record, the burden is on the applicant to demonstrate the existence ofprobable material error or injustice. 

Sincerely, 

Executive Director