DEPARTMENT OF THE NAVY 

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

Docket No: 1335-16 
DEC 09 2016 

Dear

This is in reference to your application for correction ofyour naval record pursuant to the 
provisions oftitle 10, 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 oflimitations and consider your application on its merits. 

A three-member panel ofthe Board for Correction ofNaval Records, sitting in executive session, 
considered your application on 28 July 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. After 
requests to the National Personnel Record Center, the Board was unable to obtain your naval 
records, and conducted its review based on the documentation you submitted with your applicationˇ 
and applicable statutes, regulations, and policies. 

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 determines 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. 

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 Coips and began a period ofactive duty on 16 February 1977. Your 
Certificate ofDischarge or Release from Active Duty (DD Form 214) indicates "time lost" from 1-4 
October 1979 and 19 February 1980 to 11 November1980. Based on your DD Form 214, it 
appears that after being afforded all ofyour procedural rights, the discharge authority directed you 
receive an other than honorable discharge by reason ofmisconduct. On 13 March 1981, you were 
so discharged. 

The Board, in its review ofyour application, carefully weighed all potentially mitigating factors 
such as your desire to upgrade your discharge, your post service record and your contention that you 
suffered from drug addiction, which you reported to your superiors several times, and admitted 
yourself into a rehabilitation program. Upon review and consideration ofalf the evidence ofrecord, 
the Board concluded that your request does not warrant relief. The Board noted you submitted no 
evidence to support your contentions you suffered from a drug addiction and admitted yourself into 
a rehabilitation program. Additionally, you did not submit any evidence in support ofyour postservice 
record, specifically your assertion you are a productive member ofyour community and 
church. The Board also noted your DD Form 214 indicates you were properly separated without an 
administrative board (ADB). By waiving your procedural right to present your case to an ADB, 
you gave up your first and best opportunity to advocate for retention or a more favorable 
characterization ofservice. In this regard, the Board concluded that your misconduct outweighed 
any evidence supporting an upgrade ofyour characterization of service. 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 ˇ 
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 ofan official naval record, the burden is on the 
applicant to demonstrate the existence ofprobable material error or injustice. 

Sincerely, 

Executive Director