DEPARTMENT OF THE NAVY 

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

Docket No: 01610-16/ 06224-04 
MAY 26 2017 

Dear

This is in reference to your reconsideration request received on 24 February 2016. You 
previously petitioned the Board and were advised in our letter of21 March 2005, that your 
application had been denied. Your case was reconsidered in accordance with Board of 
Correction ofNaval Records procedures that conform to Lipsman v. Secretary ofthe Army, 335 
F.Supp.2d 48 (D.D.C. 2004). 

Although your application was not submitted in a timely manner, the Board found it in the 
interest ofjustice to consider your request on the basis ofyour new assertion that your bad 
conduct discharge was issued in error or injustice because ofthe treatment you received 
following your positive urinalysis. In this regard, your current request has been carefully 
examined by a three-member panel ofthe Board for Correction ofNaval Records on 13 February 
2017. The names and votes ofthe members ofthe panel will be furnished upon request. 
Documentary material considered by the Board consisted ofyour application and any material 
submitted in support ofyour application. 

In regard to your request for a personal appearance, be advised that the Board regulations state 
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 ofthe record. 

After careful and conscientious consideration ofthe entire record, the Board determined that 
your claim that you were told you failed a polygraph test and would be charged with lying and 
your claim that you suffered harm and humiliation in the brig, even though not previously 
considered by the Board, were insufficient to establish the existence ofprobable material error or 
injustice. The Board concluded that your special court martial conviction of 
with the resultant bad conduct discharge sentence, was properly supported by the positive 
urinalysis for marijuana. In consideration ofyour claim ofharm and humiliation post-trial, the 
Board noted that the information you provided was insufficient to establish error or injustice that 
merited a change to your discharge. Although it is regrettable you were unable to fulfill your 
career goal ofretiring from the Marine Corps, the Board concluded that the bad conduct 
discharge was properly and fairly issued, and that an upgrade is not warranted. Accordingly, 
your application has been denied. 

In the absence of sufficient material evidence for reconsideration, the decision ofthe Board is 
final, and your only recourse is to initiate action, at no cost to the Board, to a court of appropriate 
jurisdiction. 

Sincerely, 


Executive Director