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

Docket No: 3044-17 
AUG 21 2017 

Dear : 

This is in reference to your application for correction ofyour naval record pursuant to the 
provisions ofTitle 10, United States Code,§ 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 application on its merits. A threemember 
panel ofthe Board for Correction ofNaval Records, sitting in executive session, 

considered your application on 4 May 2017. The names and votes ofthe members ofthe panel 
will be furnished upon request. Your allegations oferror 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, your naval record and applicable statutes, 
regulations and policies. 

Regarding your request for a personal appearance, the Board determined a personal appearance 
with or without counsel will not materially add to their understanding ofthe issues involved. 
Therefore, the Board determined a personal appearance was not necessary and considered your 
case based on the evidence ofrecord. 

You enlisted in the Marine Corps and began a period ofactive duty on 26 April 1999. On 12 July 
2001, you received nonjudicial punishment (NJP) for wrongful use ofecstasy. Subsequently, 
administrative discharge action was initiated by reason ofmisconduct due to drug abuse. After 
being afforded all of your procedural rights, your commanding officer recommended that you 
receive an other than honorable (OTH) discharge by reason ofmisconduct due to drug abuse. 
The separation authority approved this recommendation and directed separation under OTH 
conditions by reason ofmisconduct. You were discharged with an OTH characterization of 
service on 23 October 2001. 

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. 
The Board, in its review ofyour application, carefully weighed all potentially mitigating factors 
and your desire to upgrade your discharge to an honorable characterization ofservice. The 
Board also considered your contentions that you were never arrested, never failed a urinalysis, 
and were coerced into taking a plea bargain. However, the Board concluded these factors were 
not sufficient to warrant relief in your case given the seriousness of your misconduct. The Board 
concluded the severity ofyour misconduct clearly supported the commanding officer's decision 
to process you administratively for an OTH discharge. Additionally, the Board noted that the 
record shows you were notified ofand waived your procedural right to present your case to an 
administrative separation board. In doing so, you gave up your first and best opportunity to 
advocate for retention or a more favorable characterization ofservice. Accordingly, your 
application has been denied. 

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 of an official naval record, the 
burden is on the applicant to demonstrate the existence ofprobable material error or injustice. 

Sincerely, 


Executive Director