DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 DocketNo: 544-16 DEC 22 2016 Dear : This is in reference to your application for correction ofyour naval record pursuant to the provisions oftitle 1O 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 of Naval Records, sitting in executive session, considered your application on 22 August 2016. 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 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 of probable material error or injustice. You enlisted in the Marine Corps and began a period ofactive duty on 9 January 1985. On 16 September 1988, you were convicted by special court martial (SPCM) ofwrongful use and distribution ofmethamphetamines. You were sentence to reduction to E-1, confinement for 90 days, and a bad conduct discharge (BCD). After the BCD was approved at all levels ofreview. On 5 June 1989, you were so discharged. The Board, in its review ofyour entire record and application, carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and contentions that you were never caught in possession ofnarcotics, never tested positive on a urinalysis test, never given sufficient legal advice, and other veterans discharged for drugs received a general discharge. Nevertheless, the Board found that these factors were not sufficient to warrant relief given your misconduct. In this regard, the Board concluded that the severity ofyour drug related misconduct, which resulted in SPCM and a BCD, outweighed your desire to upgrade your discharge. The Board was not persuaded by your contention that you were never caught in possession ofnarcotics and never tested positive on a urinalysis test. The record clearly shows that the Navy-Marine Corps Court ofCriminal Appeals reviewed your case and affirmed the decision ofthe SPCM. There is no evidence in the record, and you provided none, to support your contention of never possession narcotics or testing positive on a urinalysis. In the end, the Board found your misconduct too serious to warrant upgrading your discharge. Accordingly, your application has been denied. The Board also was not persuaded by the unsubstantiated contention that you were never given sufficient legal advice. You were convicted by a SPCM, which held you accountable for your actions. Nothing in the record indicates the advice received was inadequate nor did you submitted evidence to support that contention. Finally, there is no evidence in the record, and you provided none, to support your contention that other veterans discharged for drugs received a general discharge. 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 of an official naval record, the burden is on the applicant to demonstrate the existence ofprobable material error or injustice. Sincerely, Executive Director