DEPARTMENT OF THE NAVY 

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

Docket No: 1240-16 

JAN 03 2017 

Dear 

This is in reference to your application for correction of your 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 your application on its merits. A threemember 
panel of the Board for Correction ofNaval Records, sitting in executive session, 
considered your application on 28 September 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 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 enlisted in the Marine Corps and began a period of active duty on 8 May 2000. You served 
for two years and three months without disciplinary incident, but on 4 October 2002 you were 
convicted by summary court-martial ofwrongful use of marijuana. The sentence imposed was 
confinement, a forfeiture ofpay and reduction in rate to the lowest paygrade (E-1 ). 

Subsequently, you were notified ofpending administrative separation by reason of misconduct 
due to drug abuse at which time you waived your procedural right to present your case to an 
administrative discharge board (ADB). Your commanding officer recommended discharge 
under other than honorable 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, and on 4 December 2002, you were so discharged. 

The Board, in its review ofyour entire record and application, carefully weighed all potentially 
mitigating factors, such as your post service achievements and your desire to have your rank 
reinstated to lance corporal (E-3). Nevertheless, the Board concluded these factors were not 
sufficient to warrant relief in your case because of the seriousness of your misconduct that 
resulted in wrongful drug use in light of the Marine Corps' policy of"zero tolerance." The 
Board noted that the summary court-martial officer's decision to impose the punishment of 
reduction in rank to the lowest paygrade was administratively and procedurally correct, it was 
approved by the convening authority and no change is warranted. Accordingly, your application 
has been denied. 

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 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 ofregularity 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, 


Executive Director