DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 6519-16 JUN 22 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 oflimitations and consider your application on its merits. A threemember panel ofthe Board for Correction ofNaval Records, sitting in executive session, considered your application on 10 April 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. You began a period of active duty in the Marine Corps on 10 April 2006. You served without disciplinary incident for approximately four months. On 3 August 2006, you elected to plead guilty at NJP rather than present a defense to the wrongful use allegations at a court martial. On 4 Aug 2006, you received nonjudicial punishment (NJP) for wrongful use of On 11 August 2006, the Commanding Officer, Methylenedioxymethamphetamine (MDMA). recommended that you be administratively separated and the Commanding General of approved your administratively separation on 22 August 2006. On 10 October 2006, you were discharged with an other than honorable discharge, a reenlistment code ofRE-4B and narrative reason for separation as misconduct. In January 2016, the Naval Discharge Review Board reviewed your discharge and granted you an upgrade to a General (Under Honorable Conditions) 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 iajustice. The' Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your statement regarding the circumstances ofyour misconduct and your desire to return to military service. The Board noted that your record indicates that you elected to plead guilty at NJP rather than present a defense to the wrongful use allegations at a court martial. The Board also noted that you did not appeal the NJP, and that your administrative discharge proceedings were reviewed by a staffjudge advocate for sufficiency in law and fact. The Board concluded that the issuance ofan RE-4 code was appropriate under MCO 1900.16 series based on your admission ofguilt for the wrongful use ofMD MA. The Board determined that your record does not reflect an error or injustice that warrants correction to your reenlistment code or the narrative reason for separation. Accordingly, your request for correction has been denied. It is regretted that the circumstances of your case are such that favorable action cannot l;>e 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 ofprobable material error or injustice. Sincerely, Executive Director