DEPARTMENT OF THE NAVY 

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

Docket No. 1683-16 
DEC 15 2016 

Dear 

This is in reference to your application for correction ofyour naval record pursuant to the 
provisions of 10 USC 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 case on its merits. A three-member 
panel ofthe Board for Correction ofNaval Records, sitting in executive session, considered your 
application on 29 July 2016. The names and votes of the 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 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 of the entire record, the Board found that the 
evidence submitted was insufficient to establish the existence ofprobable material error or 
injustice. 

You enlisted in the United States Marine Corps and began a period of active duty on 
9 June 1998. You served for over two years and one month without any disciplinary incident, 
until 7 August 2000 when you received nonjudicial punishment (NJP) for the offense of 
wrongful use of a controlled substance marijuana. 

Subsequently, on 7 September 2000, you were issued your Notification of Separation 
Procedures" by reason ofmisconduct due to drug use. On 8 September 2000, you acknowledged 
that you had spoken with counsel and you elected to waive your procedural rights to an 
administrative discharge board. Subsequently on 4 October 2000, your Commanding Officer 
recommended that you be discharged under other than honorable conditions by reason of 
misconduct due to drug abuse. The discharge authority approved the recommendation, and on 
20 November 2000 you were discharged by reason ofmisconduct with a characterization under 
other than honorable conditions. 

Your application claims that "I believe the discharge was unjust because prior to my this [SIC] 
mistake my (1st and only mistake) I was an exemplary marine earning high proficiency and 
conduct marks ... " However, it was noted that you were granted a waiver to enter the Navy for a 
pre-service, self-admitted 1997 use ofmarijuana. 

The Board, in its review ofyour entire record and application, carefully weighed all potential 
mitigating factors, such as your overall record of service and pro/con marks, and your desire to 
upgrade your discharge. However, the Board determined that these factors were not sufficient 
enough to warrant relief in your case because ofthe seriousness ofyour misconduct that resulted 
in wrongful drug use in light ofthe Navy and Marine Corps' policy of"zero tolerance." 
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 of new 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 this 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 ofprobable material error or injustice. 

Sincerely, 

Executive Director