DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 2246-16 JAN 11 2017 Dear This is in reference to your application for correction ofyour naval record pursuant to the provisions ofTitle JO 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 oflimitations and consider your application on its merits. A threemember panel ofthe Board for Correction ofNaval Records, sitting in executive session, considered your application on 6 September 2016. The names and votes ofthe members ofthe 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 ofthe entire record, the Board found the evidence submitted was insufficient to establish the existence ofprobable material error or injustice. You entered the Marine Corps on 12 February 1997. On 31March1998 you went in an unauthorized absence (VA) status until 7 April I 998. On 2 July I 998 you received a nonjudicial punishments (NJP) for violation ofarticle 123a; insufficient funds. On I 7 September 1998, you received a NA VMC 118(I1) 6105 counseling concerning your admitted use ofillegal drugs. Due to your medical history, since April I 998, you were recommended for an Administrative Separation due to being diagnosed with a personality disorder. Your Administrative Separation was approved on 7 March 2000 and discharged on 17 March 2000. Additionally, your case was reviewed the Navy Discharge Review Board (NDRB) on 24 November 2009, the NDRB's final notice ofdecision stated that your discharge was proper and warranted no change. First, the Board would like to give our deepest sympathy about your loss. The Board, in its review ofyour entire record and application, carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and the loss of your children, and your assertions that you were not given the proper amount ofleave to mourn, you were subject to ·hazing which you never reported, and your inability to seek employment because your DD-214/discharge. The Board concluded that these factors were not sufficient to warrant relief in your case. In this regard, the Board concluded that your actions and medical history outweighed your desire to upgrade your discharge. Accordingly, your application has been denied. Additionally, the Board reviewed your assertion that you received a Good Conduct Medal (GCM). Unfortunately, the notation on your DD Form 214 does not show that you received or were entitled to a GCM, but only sets forth the starting (commencement) date for the next period ofthe award. Lastly, to receive a GCM, a Marine must have four (4) years ofhonorable creditable enlisted service. 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 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 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