DEPARTMENT OF THE NAVY 

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

Docket No: 8292-16 
NOV 29 2017 

Dear : 

This is in reference to your application for correction of your 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 merits. A threemember 
panel ofthe Board for Correction ofNaval Records, sitting in executive session, 
considered your application on 25 October 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 ofyour application, together 
with all material submitted in support thereof, relevant portions of your naval record and 
applicable statutes, regulations and policies. 

You enlisted in the Marine Corps and began a period ofactive duty on 12 January 2004. You 
served for about 11 months without disciplinary incident, but on 13 December 2004, you were 
convicted by summary court-martial (SCM) ofunauthorized absence (UA) from your unit for 84 
days. On 1 March 2005, you made a written request for discharge for the good ofthe service to 
avoid trial by court-martial for wrongful use ofmarijuana. Prior to submitting this request you 
conferred with a qualified military lawyer at which time you were advised ofyour rights and 
warned ofthe probable adverse consequences ofaccepting such a discharge. Your request was 
granted and the commanding officer directed that you be discharged with an other than 
honorable (OTH) discharge. As a result ofthis action, you were spared the stigma ofa courtmartial 
conviction and the potential penalties of a punitive discharge and confinement at hard 
labor. On 30 March 2005, you were discharged with an OTH characterization ofdischarge. 

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 carefully weighed all potentially mitigating factors, and your claim that having had a 
lot oftime to re-think your life and priorities you would like a second chance to prove yourself to 
your country. The Board concluded these factors were not sufficient to warrant relief in your 
case because ofthe seriousness ofyour misconduct that resulted in an SCM, a period ofUA 
totaling nearly three months, wrongful drug use in light ofthe Navy's policy of"zero tolerance" 
and request for discharge. The Board believed that considerable clemency was extended to you 
when your request for discharge to avoid trial by court-martial was approved. Further, the Board 
concluded that you received the benefit of your bargain with the Marine Corps when your 
request for discharge was granted and should not be permitted to change it now. The Board was 
sympathetic to your desire, but in its review discerned no impropriety or inequity in the 
discharge. Accordingly, your application has been denied. 

It is regretted that the circumstances ofyour case are such that favorable action cannot be 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 ofan official naval record, the 
burden is on the applicant to demonstrate the existence ofprobable material error or injustice. 

Sincerely, 


Executive Director