DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 
Docket No: 1643-16 
FEB 0 5 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 ofthe Board for Correction ofNaval Records, sitting in executive session, considered your application on 2 November 2016. The names and votes ofthe members of the panel will be furnished upon request. Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this 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 of the 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 5 October 1982. You served for eight months without disciplinary incident, but on 10 June 1983, you received nonjudicial punishment (NJP) for, wrongfully sitting down while on your post. About two months later on 2 August 1983, you were convicted by special court-martial (SPCM) of wrongful possession and use of hashish. The sentence imposed was confinement, a forfeiture of pay, reduction in paygrade and a bad conduct discharge (BCD). On 20 March 1985, you received a BCD after appellate review was complete. 

The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your contention that you considered yourself to be a good Marine, you were young and made a mistake; and you do not want to have your entire life judged by an event that happened over 30 years ago. 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 an SPCM and wrongful drug possession and use in light of the Marine Corps' policy of"zero tolerance." In regard to your contention the Board concluded that the severity ofyour misconduct, outweighed your desire to upgrade your discharge and was not persuaded by your mitigating contention that you were young a made a mistake. The Board believed that to recharacterize your service to honorable or under honorable conditions would be a disservice to those who served honorably and completed their enlistments without any disciplinary actions. Finally, there is no provision of law or in Marine Corps regulations that allows for recharacterization of service due solely to the passage oftime. Accordingly, your application has been denied. 

It is regretted that the circumstances of your case are such that favorable action cannot be taken. You are entitled to have the Board reconsider its decision upon submission of new and material evide~ce within one year from the date of the Board's decisio,. New evidence is evidence not previ~usly considered by the Board prior to making its decisi~n 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 of probable material error or injustice. 

Sincerely, 

Executive Director