DEPARTMENT OF THE NAVY 

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

Docket No: 2580-16 
APR 17 2017 

Dear 

This is in reference to your application for correction of your naval record pursuant to the 
provisions ofTitle 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 oflimitations 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 18 January 2017. 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. 

Regarding your request for a personal appearance, Board regulations state that personal 
appearances before the Board are not granted as a right, but only when the Board determines that 
such an appearance will serve some useful purpose. In your case, the Board determined that a 
personal appearance was not necessary and considered your case based on the evidence ofrecord. 

You enlisted in the Marine Corps, began a period ofactive duty on 5 January 2009. You served 
for three years without disciplinary incident, but on 10 January 2012, you received nonjudicial 
punishment (NJP) for failure to obey a lawful regulation by wrongful use and possession of 
"Spice." Subsequently, your were notified ofpending administrative separation by reason of 
misconduct due to drug abuse 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 drug abuse. The discharge authority approved this recommendation and 
directed separation under other than honorable conditions by reason of misconduct and on 
1 February 2012, you were so discharged. 

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. The 
Board, in its review ofyour entire record and application, carefully weighed all potentially 
mitigating factors, such as your contention that you should have an general characterization 
because you served for three years without disciplinary incident, that you were given the "Spice" 
by a senior marine, that you did not fail a urinalysis test, and you were awarded a Good Conduct 
Medal ( GCM). The Board concluded these factors were not sufficient to warrant relief in your 
case because ofthe seriousness ofyour misconduct that resulted in wrongful drug use in light of 
the Marine Corp's policy of"zero tolerance." Accordingly, your application has been denied. 

It is regretted that the circumstances of your case are such that favorable action cannot be taken at 
this time. You are entitled to have the Board reconsider its decision upon the submission of new 
and material evidence. New evidence is evidence not previously considered by the Board. 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