DEPARTMENT OF THE NAVY 

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

Docket No: 8616-16 
DEC 07 2017 


Dear : 

This is in reference to your application for correction ofyour naval record pursuant to the 
provisions of title 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 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 I November 2017. The names and votes ofthe members of the 
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. 

You enlisted in the Marine Corps and began a period of active duty on 19 November 1991. 
Although the Board lacked your entire service record book (SRB) it appears from the SRB entries 
before the Board that you received nonjudicial punishment on four occasions. Your offenses were 
failure to go to your appointed place ofduty, insubordinate conduct toward a noncommissioned 
officer, assault, using provoking gestures, disorderly conduct, failure to obey a lawful order and 
wrongful use ofmarijuana. You were subsequently involuntarily processed for separation by 
reason ofmisconduct due to drug abuse. In connection with this processing, you would have 
acknowledged the separation action and the separation authority would have approved a 
recommendation for separation. The record clearly shows that on 15 December 1994, you were 
discharged with an other than honorable (OTH) separation due to misconduct. 

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 after a 
deployment to Somalia you made a mistake due to stress and coping negatively with the situation 
at the time; and that you served honorably on deployment and the discharge situation occurred 
afterwards. The Board concluded these factors were not sufficient to warrant relief in your case 
because ofthe seriousness of your repeated misconduct that resulted in four NJPs, and wrongful 
drug use in light ofthe Marine Corps' policy of"zero tolerance." In regards to your claim, 
despite a service member's prior record ofservice, certain serious offenses, even though isolated, 
warrant separation from the Marine Corps to maintain proper order and discipline. Illegal drug 
use is one such offense requiring, at a minimum, mandatory processing for an administrative 
separation, which usually results in an unfavorable characterization ofdischarge. The Board 
found no error or injustice in the discharge. Accordingly, your application has been denied. 

Regarding your concern about eligibility for healthcare whether or not you are eligible for 
benefits is a matter under the cognizance ofthe Department ofVeterans Affairs (DVA), and you 
should contact the nearest office ofDVA concerning your right to apply for benefits. 

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 of an official naval record, the 
burden is on the applicant to demonstrate the existence of probable material error or injustice. 

Sincerely, 


Executive Director