DEPARTMENT OF THE NAVY 

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

Docket No: 8333-16 
NOV 28 2017 

Dear

This is in reference to your application for correction ofyour naval record pursuant to the 
provisions oftitle 10 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 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 24 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 ofyour naval record and 
applicable statutes, regulations and policies. 

Regarding your request for a personal appearance, the Board determined that a personal 
appearance with or without counsel will not materially add to their understanding ofthe issue(s) 
involved. Therefore, the Board determined that a personal appearance was not necessary and 
considered your case based on the evidence of record. 

You enlisted in the Marine Corps on 2 March 1983. During the period from 22 November 1983 
to 20 April 1984, you received nonjudicial punishments (NJP) on two occasions for sleeping on 
post, unauthorized absence (UA) and wrongful use ofmarijuana. Subsequently, you were 
notified ofpending administrative separation action 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 other than 
honorable conditions by reason ofmisconduct. On 17 April 1985, you were discharged. 

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. The 
Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your 
discharge and con~ention that you need Department of Veteran Affairs (DVA) health benefits. 
However, the Board concluded these factors were not sufficient to warrant relief in your case 
given your misconduct. In this regard, the Board concluded that the severity ofyour misconduct 
and drug abuse, which resulted in two NJPs, outweighed your desire to upgrade your discharge. 
In regard to your desire to obtain DV A benefits, the Board noted whether or not you are eligible 
for benefits is a matter under the cognizance ofthe DVA, and you should contact the nearest 
office ofthe DVA concerning your right to apply for benefits or appeal an earlier unfavorable 
determination. 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 of regularity 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