DEPARTMENT OF THE NAVY 

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

Docket No: 00095-16 
JAN 03 2017 

Dear : 

This is in reference to your application for correction of your 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 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 19 September 2016. The names and votes of the members of the 
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 of this 
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. 

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. 

You began a period ofactive duty in the Marine Corps on 23 June 2010. You served over six 
months without disciplinary incident. On 21January2011, you received nonjudicial punishment 
(NJP) for wrongful possession and use ofa designer drug, "Spice," and were awarded restriction, 
reduction in rank, and forfeiture ofpay. Your NJP was the result ofyour 18 January 2011 
sworn, written statement in which you admitted to the use and possession of Spice while in a 
leave status. On 21 January 2011, you were counseled that you would be subject to mandatory 
administrative processing due to the wrongful use; you declined to make a statement. On 26 
January 2011, you waived your right to consult with counsel and to appear before an 
administrative separation board. Your record reflects your chain of command's recommendation 
for an other than honorable discharge. On 16 February 2011, you were discharged from the 
Marine Corps with an other than honorable characterization of service. 

The Board considered that you would like to change your reenlistment code on the basis of 
injustice, and noted your assertion that you were not given proper guidance as to what was going 
on. You also state that you never consumed any drugs and did not commit misconduct; you state 
that the situation was the result ofa fellow Marine's word against your own. When making its 
determination, the Board noted your satisfactory proficiency and conduct marks (3.6/3.1), and 
your six months of incident-free service to the Marine Corps. 

The Board, in its review of your entire record and application, carefully weighed all potentially 
mitigating factors, such as your desire to change your reenlistment (RE) code of4 and your 
contention ofinjustice. Nevertheless, the Board found that these factors were not sufficient to 
warrant recharacterization of your discharge given that you were given your Article 31 b rights, 
waived those rights, and made a signed, sworn statement that you had used and possessed Spice 
while in a leave status. The Board noted the detailed account you provided, and your statement 
that you received Spice on 14 January 2011, from a fellow Marine, and that you smoked Spice 
on 15 January 2011. The Board determined that the seriousness of your wrongful use and 
possession of Spice while in a duty state warranted your other than honorable characterization 
and the RE-4 code. The Board acknowledged your statement that you did not commit 
misconduct, but determined that the possession and use of Spice was sufficient misconduct to 
warrant the other than honorable discharge and the RE-4 code. The Board noted that you were 
questioned about the use and possession of Spice after a fellow Marine implicated you, but that 
you provided a statement acknowledging the use and possession. Accordingly, your application 
has been denied. 

It is regrettable that the circumstances ofyour case are such that favorable action cannot be 
taken. You are entitled to have the Board reconsider its decision upon submission ofnew and 
material evidence within one year from the date of the Board's decision. New evidence is 
evidence not previously considered by the Board prior to making its decision in your case. 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 blirden is 
on the applicant to demonstrate the existence ofprobable material error or injustice. 

Sincerely, 


Executive Director