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

Docket No: 254-16 
JAN 09 2017 

This is in reference to your application for correction of your naval record pursuant to the provisions of title 10 of the 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 of Naval Records, sitting in executive session, considered your application on 11 October 2016. The names and votes of the members of the panel will be furnished upon request. Your allegations oferror 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 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 enlisted in the Marine Corps Reserve and began a period of duty on 22 February 1997. On 11 January 2002, you tested positive for cocaine. Subsequently, on 16 March 2002, a notification procedure letter infonning you ofpending administrative separation action by reason ofmisconduct due to drug abuse. Your commanding officer received the letter back due to you having an insufficient address on file. As a result ofthe forgoing, you waived your procedural rights and your commanding officer recommended discharge under other than honorable conditions (OTH) by reason ofmisconduct due to drug abuse. The discharge authority approved this recommendation and directed separation under other than honorable conditions by reason ofmisconduct, a separation code ofJJKl, and a reentry code of RE-4B. On 16 October 2002, you were so discharged. 

The Board, in its review ofyour entire record and application, carefully weighed all potentially 
mitigating factors, such as the counsel brief, change separation code, change reentry code, change 
narrative reason, your desire to upgrade your discharge, and contention that you never received 
separation documents, adequate advice from counsel, informed ofyour rights to an Administrative 
Discharge Board (ADB), and you never waived your rights. The Board noted that your record 
clearly shows that on 16 March 2002 a notification procedure letter informing you that you were to 
be administratively separated was mailed to you by certified mail (certified mail number 
acknowledgment of rights. The Board considered all mitigating factors and your contentions but concluded that these factors were not sufficient to warrant relief in your case given your misconduct. ln this regard, the Board concluded that your drug related 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 of new and material evidence within one year from the date of the 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 of an official naval record, the burden is on the applicant to demonstrate the existence of probable material error or injustice. 

Sincerely, 

Executive Director