DEPARTMENT OF THE NAVY 

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

Docket No. 193-17 

JUL 06 2018 

This is in reference to your application for correction ofyour naval record pursuant to the 
provisions of Title 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 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 ofthis 
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 27 January 1987. On 7 
July 1988, you received a non-judicial punishment for two specifications ofwriting checks with 
insufficient funds. On 28 May 1991, you were convicted at a general court-martial (GCM) for 
wrongful possession with intent to distribute 953.6 grams of cocaine, wrongfully introducing 
953.6 grams of cocaine onto a United States Armed Forces aircraft, and wrongfully export 953.6 
grams of cocaine into US customs territory. You were sentenced to confinement for 5 years, 
forfeiture of all pay and allowances, reduced to E-1, and a bad conduct discharge (BCD). On or 
about 18 July 1993, the Navy and Marine Corps Court ofMilitary Review affirmed your 
sentence as approved on review. On 9 August 1993, you received a BCD by reason of 
conviction by GCM. 

The Board in its review ofyour record, and application with supporting documentation carefully 
weighed all potentially mitigating factors, such as your desire to upbrrade your characterization of 
service and your contention that it has been over twenty-three years since your separation and 
desire to receive Veteran Affairs benefits. The Board noted that there is no provision in law or 
regulations that allows for a discharge to be changed automatically, due solely to the passage of 
time. The Board concluded that your rationale for a discharge upgrade was not sufficient to 
warrant relief in your case because ofthe seriousness of your misconduct that resulted in being 
convicted at a GCM and receiving an NJP. 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 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 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, 

Executive Director