DEPARTMENT OF THE NAVY 

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

Docket No. 1909-17 
DEC 11 2017 

Dear 

This is in reference to your application for correction ofyour naval record pursuant to the 
provisions of 10 USC 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 case on its merits. A three-member 
panel ofthe Board for Correction ofNaval Records, sitting in executive session, considered your 
application on 28 September 2017. The names and votes ofthe members ofthe 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 ofthis 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. 

A review ofyour record shows that you entered active duty with the Marine Corps in October 
1993. On 19 May 2011, you were arrested while driving impaired (DWI) with a .09 Blood 
Alcohol Content; a charge that was later dismissed in state court. You were issued two page 11 
entries documenting your arrest and the subsequent dismissal ofthe DWI charge on 24 July 2001 
and 26 July 2001, respectively. 

The Board carefully considered your arguments that the two page 11 entries could be perceived 
as adverse, despite the documented finding ofnot guilty, and should be removed. Unfortunately, 
the Board disagreed with your rationale for relief. The Board examined the page 11 entry 
regarding your DWI arrest and determined it properly documents an incident that resulted in 
counseling. The Board found no error or injustice associated with the facts or recommended 
remedial actions documented in the page 11 entry. Additionally, when the Board considered the 
second page 11 entry in conjunction with first, they were further convinced no error or injustice 
exists. The second entry unequivocally states that the DWI charge was dismissed based on a 
finding ofnot guilty; this was conclusive evidence to the Board that you were determined not to 
be criminally responsible for your actions regarding the DWI. In the Board's opinion, reading 
the two page 11 entries together eliminates any potential for an injustice. Accordingly, the 
Board was unable to find an error or injustice warranting a correction to your record and denied 
your application. 

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 .hegard, it is important to keep in mind that a presumption ofregularity 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 ofprobable material error or injustice. 

Sincerely, 


Executive Director