DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 
Docket No: 2559-16 
FEB O6 2017 

Dear

This is in reference to your application for correction of your naval record pursuant to the provisions of Title 10, 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 of the Board for Correction ofNaval Records, sitting in executive session, considered your application on 30 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 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 of probable material error or injustice. 

You enlisted in the Marine Corps and began a period ofactive duty on 10 August 1993. You served for a year and six months without disciplinary incident, but on 6 March 1995, you were convicted by special court-martial (SPCM) of unauthorized absence (UA) from your unit for a period of 153 days. The sentence imposed was confinement, and reduction in paygrade. 

Subsequently, your were notified ofpending administrative separation by reason of misconduct due to a pattern of misconduct at which time you waived your procedural rights to consult with legal counsel and to present your case to an administrative discharge board (ADB). Your commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to pattern of misconduct. On 15 September 1995, you were again convicted by SPCM of wrongful use ofamphetamine/methamphetamine. The sentence imposed was confinement, a forfeiture ofpay, and a bad conduct discharge (BCD). On 23 August 1996, you received the BCD after appellate review was complete. 

The Board, in its review ofyour entire record and application carefully weighed all potentially mitigating factors, such as your post service conduct and your contention that you should have never been let in the Marine Corps. Nevertheless, the Board concluded these factors were insufficient to warrant relief in your case given the seriousness of your misconduct that resulted in two SPCMs, UA for a period totaling over five months, and wrongful drug use in light of the Navy' s policy of "zero tolerance." In regard to your contention, the Board presumes regularity in the conduct of Government affairs unless there is credible evidence to rebut the presumption, the Board noted there is no evidence in your record, and you submitted none, to support your contention. With that being said, the Board concluded that the severity ofyour misconduct outweighed your desire to ypgrade your discharge. Accordingly, your application ~as been denied. I I 
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 evidence or other matter not previously considered by the Board within one year from the date of the Board's decision. 

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 d.emonstrate the existence ofprobable material error or injustice. 


Sincerely, 

Executive Director