DEPARTMENT OF THE NAVY 

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

Docket No: 2259-17 

JUL 1 6 2018 

This is in reference to your application for correction ofyour naval record pursuant to the 
provisions of title 10 of the United States Code, section 1552. After careful and conscientious 
consideration ofthe entire record, the Board found the evidence submitted was insufficient to 
establish the existence ofprobable 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 ofNaval Records, sitting in executive session, 
considered your application on 30 May2018. The names and votes of the 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. 

You enlisted in the Marine Corps and began a period ofactive duty on 5 November 1982. You 
served for a year without disciplinary incident, but during the period from 3 November 1983 to 
6 August 1985, you received nonjudicial punishment (NJP) on two occasions and were convicted 
by summary court-martial (SCM). Your offenses were unauthorized absence (UA) from your 
unit for period of 14 days, failure to obey a lawful order by speeding on base, resisting arrest, 
driving while under the influence ofalcohol, failure to go to your appointed place ofduty, 
dereliction in the performance of duties, drunk and disorderly conduct, and with intent to defraud 
falsely hire the services ofa cab. On 18 November 1985, you were convicted by special courtmartial 
(SPCM) ofwrongful use ofmarijuana. The sentence imposed was confinement, a 
forfeiture ofpay, and a bad conduct discharge (BCD). On 30 June 1986, you received a BCD 
after appellate review was complete. 

The Board carefully weighed all potentially mitigating factors, including your desire to upgrade 
your discharge and contentions that you were young and immature and one irresponsible 
decision tarnished your nearly complete enlistment. The Board concluded these factors were not 
sufficient to warrant relief in your case because ofthe seriousness ofyour repeated misconduct 
that resulted in two NJPs, an SCM, an SPCM and wrongful drug use in light ofthe Navy's zero 
tolerance policy on drugs. In regard to your contention the Board considered your youth and 
immaturity as factors in your behavior, but concluded that the severity ofyour misconduct 
outweighed your current desire to upgrade your discharge. The Board in its review discerned no. 
impropriety or inequity in the discharge. 

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 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