DEPARTMENT OF THE NAVY 

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

Docket No: 0456-16 

JAN 03 2017 

Dear:

This is in reference to your application for correction ofyour naval record pursuant to the 
provisions ofTitle 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 ofNaval Records, sitting in executive session, 
considered your application on 28 September 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 of your application, together 
with all material submitted iri 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 of active duty on 28 August 1991. During 
the period from 24 March 1992 to 9 December 1993, you received four separate nonjudicial 
punishments (NJP) for offenses including: an unauthorized absence totaling 15 days, assault, 
writing checks while having insufficient funds with intent to defraud, and the wrongful use of a 
controlled substance (cocaine). Subsequently, you were notified ofadministrative separation, at 
which time you waived your right to consult with counsel and to present your case to an 
administrative discharge board (ADB). The Commanding Officer recommended administrative 
discharge with an other than honorable (OTH) discharge. The discharge authority approved this 
recommendation and directed discharge by reason ofmisconduct due to drug abuse with an OTH 
discharge. On 10 January 1994, you were so discharged. 

The Board, in its review ofyour record and &pplication, carefully weighed all potentially 
mitigating factors, such as your post-service conduct and your desire to upgrade your 
characterization ofservice. Nevertheless, the Board concluded these factors were not sufficient 
to warrant relief in your case because ofthe seriousness ofyour repeated misconduct which 
included the wrongful use ofa controlled substance. Further, the Board noted that the record 
shows that you were notified ofand waived your procedural right to present your case to an 
ADB. In doing so, you gave up your first and best opportunity to advocate for retention or a 
more favorable characterization of service. 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 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