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

Docket No: 8871-16 
OCT 10 2017 

Dear

This is in reference to your application for correction of your 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 oflimitations and consider your application on its merits. A three­member panel ofthe Board for Correction ofNa val Records, sitting in executive sdssion, considered your application on 12 July 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 of this 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 of the issues 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 and began a period ofactive duty on 8 May 1995. On 15 May 1995 you tested positive for wrongful use ofmarijuana during a urinalysis screening at booth camp. The Commanding General granted you a waiver and retained you in the Marine Corps. You served for a year without disciplinary incident, but on 16 May 1996, you received nonjudicial punishment (NJP) for operating a motor vehicle while under the influence ofalcohol. On 3 August 1996, you were admitted to the hospital with a left frontoparietal hematoma and right side paralysis due to the use of illicit drugs. On 13 November 1997, you received NJP for wrongful use ofmarijuana and wrongful possession of a controlled substance with intent to distribute. 

Subsequently, you were notified ofpending administrative separation by reason ofmisconduct due to drug abuse at which time you consulted with legal counsel and waived your right to present your case to an administrative discharge board (ADB). Your commanding officer recommended discharge under other than honorable (OTH) conditions by reason ofmisconduct due to drug abuse. The discharge,authority approved the recommendation and directed separation under other than honorable conditions by reasonofmisconduct and on 17 April 1998, you were discharged. 

After careful and conscientious consideration of the 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 contention that you served honorably for two years and that you had a stoke while serving honorably. The Board concluded these factors were not sufficient to warrant relief in your case because ofthe seriousness of your misconduct that resulted in two NJPs and wrongful drug use in light ofthe Marine Corps' policy of"zero tolerance." Further, you were given an opportunity to defend your actions, but waived your procedural rights. In regard to your contention, it is a fundamental tenant of military administrative law that a Marine's service is characterized based on his entire record in the current enlistment. A record ofservice that contains repeated serious misconduct can only be characterized as under conditions other than honorable. The Board noted that your medical records confirmed that your hospitalization was a result ofyour own misconduct and not in the line ofduty. The Department ofVeterans Affairs (DVA) determines eligibility for post­service benefits; not BCNR. There is no requirement or law that grants ~echaracterization solely on the issue ofobtaining veterans benefits. 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