DEPARTMENT OF THE NAVY 

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

Docket No: 1637-16 
FEB 03 2017

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. 

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 ofthe Board for Correction ofNaval Records, sitting in executive session, 
considered your application on 9 November 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 ofyour 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. 

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. 

Prior to enlistment, you were granted a waiver due to your pre-service marijuana use and advised 
ofthe Marine Corps policy concerning illegal use of drugs. You enlisted in the Marine Corps 
and began a period of active duty on 28 October 1991. You served for two years without 
disciplinary incident, but during the period from 20 October 1993 to 26 May 1994, you received 
nonjudicial punishment (NJP) on four occasions, for the following offenses: absence from your 
appointed place ofduty, failure to obey a lawful order, wrongful use ofmarijuana, and 
defrauding the government. 

Subsequently, you were notified ofpending administrative separation by reason ofmisconduct 
due to drug abuse. At that time, you were advised ofyour rights, including the right to consult 
with legal counsel and the right to present your case to an administrative discharge board (ADB); 
you waived all procedural rights. Your commanding officer recommended discharge under 
other than honorable conditions, by"reason ofmisconduct due to drug abuse. On 8 July 1994, 
you were convicted by summary court-martial (SCM) ofbreaking restriction. The discharge 
authority approved your commanding officer's recommendation and directed separation under 
other than honorable conditions by reason ofmisconduct. On 1 August 1994, you were 
discharged with an other than honorable characterization ofservice. 

The Board, in its review of your entire fecord and application, carefully weighed all potentially I 
mitigating factors, such as your contentions that you were subjected to racial tension and 
subjected to degrading and unfair treatment after a car accident. However, the Board concluded 
these factors were not sufficient to warrant relief in your case because of the seriousness of your 
misconduct, which resulted in four NJPs, an SCM, and wrongful drug use in light ofthe Marine 
Corps' policy of"zero tolerance." Further, you were given an opportunity to defend your 
actions, but waived your procedural rights. In regard to your contentions, the Board noted that 
there is no evidence in your record, and you submitted none, to support them. In this regard the 
Board concluded that the severity ofyour misconduct outweighed your desire to upgrade your 
discharge. 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 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 iajustice. 

Sincerely, 


Executive Director