DEPARTMENT OF THE NAVY 

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

Docket No: 522-16 
JAN 09 2017 

Dear 

This is in reference to your application for correction ofyour 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 merit.s. 

A three-member panel ofthe Board for Correction of Naval Records, sitting in executive session, 
considered your application on 8 September 2016. 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. 

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, began a period ofactive duty on 28 December 1983, and served 
20 months without disciplinary incident. On 20 August 1985 and 28 September 1985, you received 
two separate nonjudicial punishments (NJP) for the wrongful use ofmarijuana. 

Subsequently, administrative discharge action was initiated by reason ofmisconduct due to drug 
abuse. After you waived your procedural rights, your Commanding Officer recommended discharge 
under other than honorable (OTH) conditions by reason ofmisconduct due to drug abuse. The 
discharge authority approved this recommendation and directed separation under OTH conditions by 
reason of misconduct. On 30 October 1985, you were so discharged with an OTH characterization 
ofservice. 

The Board, in its review ofyour entire record and application, carefully weighed all potentially 
mitigating factors such as your contention that you served honorably for three years and were 
allegedly told your discharge would be changed to an honorable discharge after two years. 
However, the Board concluded these factors were not sufficient to warrant relief in your case given 
the seriousness of your drug-related misconduct. In this regard, the Board concluded the severity of 
your misconduct clearly supported the Commanding Officer's decision to process you 
administratively for an OTH discharge. The Board noted that the record shows you were notified of 
and waived your procedural right to present your case to an administrative separation board (ADB). 
In doing so, you gave up your first and best opportunity to advocate for retention or a more 
favorable characterization ofservice. Finally, there is no provision in law or Navy/Marine Corps 
regulations that allows for re-characterization ofa discharge due solely to the passage oftime. 
Accordingly, your application has been denied. 

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 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