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

Docket No: 1149-16 
DEC 22 2016 

Dear
 
This is in reference to your application for correction ofyour naval record pursuant to the 
provisions oftitle 10 ofthe United States Code, section 1552. 

A three-member panel ofthe Board for Correction ofNaval Records, sitting in executive session, 
considered your application on 2 August 2016. The names and votes ofthe 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 ofthis 
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. 

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

You entered active duty in the Marine Corps on 24 December 1995. Between 9 June 1997 till,2 
April 1999 you received multiple non-judicial punishments (NJP) for violation of article 86; 
unauthorized absence. On 14 April 1999 you received NJP for violation ofarticle ll2a; testing 
positive for THC (marijuana). On 21 July 1999 you received NJP for violation ofarticle 92; 
possession ofa marijuana pipe. Subsequently an administrative separation board was held on 11 
August 1999 and voted 3-0 for an Other Than Honorable (OTH) discharge. On 30 September 
1999, the Staff Judge Advocate, Marine Corps Base reviewed the case and 
found sufficient in law and fact to support administrative discharge action. On 19 November 
1999 you were so discharged. 

The Board, in its review-of your entire record and application, carefully weighed all putentially · 
mitigating factors, such as your desire to upgrade your discharge, post service accomplishments, 
and assertion that your commanding officer felt that you should be allowed to finish your 
enlistment and be given a bad re-enlistment code. Nevertheless, the Board concluded that these 
factors were not sufficient to warrant relief in your case given the seriousness ofyour 
misconduct. In this regard, the Board concluded the severity ofyour convictions outweighed 
your desire to upgrade your discharge. The Board also was not persuaded by the unsubstantiated 
assertion that your commanding officer felt that you should be allowed to finish your enlistment 
and be assigned a bad re-enlistment code. There is no evidence in the record, and you provided 
none, to support your assertion. Accordingly, your application has been denied. 

Lastly, the Board reviewed your statement about the death ofyour son and father-in-law, which 
is terrible and a life changing event. Both the Board and the BCNR understand your grief and 
wish you and your family well. 

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 ofnew and material 
evidence within one year from the date of the 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 of an official naval record, the burden is on the 
applicant to demonstrate the existence ofprobable material error or injustice. 

Sincerely, 

Executive Director