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

Docket No: 10344-17              
Ref: Signature date 

This letter is in reference to your application for correction of your naval record pursuant to Title 10, United States Code, Section 1552.  After careful and conscientious consideration of the entire record, the Board for Correction of Naval Records (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 three-member panel of the Board, sitting in executive session, considered your application on 12 March 2019.  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, relevant portions of your naval record, as well as applicable statutes, regulations, and policies.
 
You were discharged from the Marine Corps under other than honorable (OTH) conditions for frequent involvement with military authorities.  During your enlistment, you tested positive five times for cocaine, twice after completing a drug rehabilitation program.  You received two non­judicial punishments (NJP) for failure to go to appointed place of duty and unauthorized absence (UA).  Thereafter, you were UA again for 55 days and convicted of this offense by a special court-martial (SPCM).  You were then notified of pending administrative separation action by reason of misconduct due to frequent involvement with military authorities.  After you waived your procedural rights, your commanding officer (CO) recommended an OTH characterization of service. 

The Board carefully weighed all potentially mitigating factors, such as your contentions that you were in a UA status because you were trying out for the NFL, your NCO did not complete your leave request, and testified on your behalf.  The Board noted that there is no evidence in your record, and you submitted none, to support your contentions.  Additionally, the Board concluded that the seriousness of your overall misconduct, not just your last UA, supports the CO’s decision to issue you an OTH discharge and there was no error or injustice. 

It is regretted that the circumstances of your case are such that favorable action cannot be taken.  You are entitled to have the Board reconsider its decision upon submission of new matters. New matters are those not previously presented to or 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 of an official naval record, the burden is on the applicant to demonstrate the existence of probable material error or injustice.

Sincerely, 


6/4/2019