DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 
 
Docket No: I 04-17 
JUL 06 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 oflimitations and consider your application on its merits. A threemember 
panel ofthe Board for Correction of Naval Records, sitting in executive session, 
considered your application on 2 April 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 ofyour naval record and 
applicable statutes, regulations and policies. 

You enlisted in the Marine Corps with a pre-service drug use waiver on 30 June 1987. You 
transferred to the Marine Corps Reserve on 11 September 1987. On 10 July 1988, a random 
urinalysis test revealed positive results for cocaine. On 5 August 1988, you received a nonjudicial 
punishment (NJP) for wrongful possession ofa controlled substance and tested positive 
for cocaine use. As a result ofthe foregoing, on 7 August 1988, you were notified of separation 
proceedings, received level one drug and alcohol counseling and had a second urine sample 
taken. Subsequently, you acknowledged separation proceedings and waived procedural rights. 
On 16 August 1988, the results of your second urinalysis returned positive for marijuana. On l 
November 1988, the discharge authority directed your separation under other than honorable 
(OTH) conditions by reason of misconduct of drug abuse. On 21 November 1988, you were 
discharged under OTH conditions. 

The Board carefully weighed all potentially mitigating factors, such as your contention that you 
request clemency on the basis ofbeing drug free, and your desire to clean up your military 
record. The Board felt that although it is commendable for you to be drug free and desire to 
clean up your military record, granting relief in this case would be inconsistent with the Marine 
Corps drug policy. Therefore, the Board concluded that your rationale for your misconduct was 
not sufficient to warrant relief in your case because ofthe seriousness of your misconducts, 
which resulted in receiving an NJP and your drug use in light of the Marine Corps zero tolerance 
drug abuse policy. The Board believed that considerable clemency was extended to you when 
you enlisted with a pre-service drug waiver. Further, the Board concluded that no error or 
injustice was found in your case. 

It is regretted that the circumstances ofyour case are such that favorable action cannot be taken 
at this time. You arc 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