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

Docket No. 103-17 
MAY 2 1 2018 


This is in reference to your application for correction of your naval record pursuant to the 
provisions ofTitle 10, United States Code, Section 1552. After careful and conscientious 
consideration of the entire record, the Board found the evidence submitted was insufficient to 
establish the existence of probable material error or injustice. Consequently, your application 
has been denied. 

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 of the Board for Correction ofNaval Records, sitting in executive session, 
considered your application on 26 March 2018. 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 of your 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 of active duty on 5 May 1984. On 16 
March 1989, you received a non-judicial punishment for wrongful use of a controlled substance 
(cocaine) and received a retention notice. On 9 November 1989, you were convicted at a special 
court-martial (SPCM) for knowingly and wrongfully using cocaine and sentenced with forfeiture 
of $100.00 pay per month for four months, four months of confinement, reduction to the rank of 
E-1 and a bad conduct discharge (BCD). On 28 August 1990, the Naval Clemency and Parole 
Board directed no clemency granted denying the request for restoration. On 12 June 1991, you 
received a BCD by reason of conviction by special court martial. 

The Board, in its review of your record and application (with supporting documentation), 
carefully weighed all potentially mitigating factors, such as your desire to upgrade your 
characterization of service and your contention that you desire benefits from the Department of 
Veteran Affairs (DVA). The Board believes that you may be eligible for veterans' benefits 
which accrued during your prior periods of service. However, your eligibility is a matter under 
the cognizance of the DV A. In this regard, you should contact the nearest OVA office 
concerning your rights, specifically, whether or not you are eligible for benefits based on these 
other periods of service. The Board concluded that your rationale for a discharge upgrade was 
not sufficient to warrant relief because of the seriousness of your misconduct which resulted in a 
SPCM conviction for disregarding the Marine Corps' drug abuse policy. The Board further 
concluded there was no error or injustice in your record. 

It is regretted that the circumstances of your 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 of probable material error or injustice. 

Sincerely, 

Executive Director