DEPARTMENT OF THE NAVY 

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

Docket No: 02811-16 

Dear

This is in reference to your application for correction of your naval record pursuant to the 
provisions oftitle 10 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 considered your application on 13 
February 2017. The names and votes ofthe members ofthe panel will be furnished upon 
request. Your allegations oferror and injustice were reviewed in accordance with administrative 
regulations and procedures applicable to the proceedings ofthis Board. Documentary material 
considered by the Board consisted of your application, together with all material submitted in 
support thereof, your naval record and applicable statutes, regulations and policies. 

You began a period ofactive duty in the Marine Corps on . You served over 
three years without disciplinary incident. On , you were counseled for drug 
use following a positive urinalysis. The same day, at summary court martial proceedings you 
were found guilty ofwrongful use of cocaine, and sentenced to reduction to E-1 and 30 days 
confinement. On , your commanding officer recommended you be 
administratively separated with an other than honorable characterization of service on the basis 
ofdrug abuse. You waived your right to appear before an administrative separation board and to 
consult with counsel. On , the staff judge advocate reviewed the proceedings 
and determined that the separation was sufficient in law and fact. You were discharged on 
with an other than honorable characterization ofservice. 

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 considered your high proficiency and conduct marks ( 4.3/4, l) as well as your request for 
an upgrade to your discharge characterization. When making its determination, the Board noted 
that you state you did not apply for correction sooner because you did not know you could. 

The Board carefully weighed your request for an upgrade to your other than honorable 
characterization ofservice. The Board determined that the seriousness ofyour misconduct of 
drug abuse while in an active duty status warranted the other than honorable characterization of 
service. The Board concluded that your other than honorable discharge was issued without error 
or injustice. Accordingly, your application has been denied.  

It is regrettable 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 ofnew 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 ofprobable material error or injustice. 

Sincerely, 


Executive Director