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

Docket No. 312-17 
JUL 05 2018 


This is in reference to your application for correction of your naval record pursuant to the 
provisions of Title 10, 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 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 of the Board for Correction of Naval Records, sitting in executive session, 
considered your application on 16 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 of your naval record and 
applicable statutes, regulations and policies. 

You reenlisted in the Marine Corps on 22 November 1987. During the period of 31 March to 29 
October 1989, you received non-judicial punishments (NJP) on three occasions. Your offenses 
consisted of unauthorized absence, disobeying a lawful order, wrongful use of marijuana and 
wrongfully uttering worthless checks. Although the Board lacked a legible copy ofyour 
separation paperwork, your service record book (SRB) shows that you were involuntarily 
processed for separation by reason of misconduct due to drug abuse. In connection with this 
processing, you would have acknowledged the separation action and the separation authority 
would have approved a recommendation for separation. The legible portion ofyour record 
shows that on 20 March 1990, you were discharged under other than honorable (OTH) 
conditions by reason of misconduct of drug abuse. 

The Board in its review ofyour record and application with supporting documentation, carefully 
weighed all potentially mitigating factors, such as your desire to upgrade your character of 
service and your contentions that you desire a discharge upgrade so that you can be eligible for 
Department ofVeteran Affairs benefits (DV A), you have been a model citizen, and were young 
when you made the mistake. The Board concluded that your contentions were not sufficient to 
warrant relief in your case because of the seriousness ofyour misconduct that resulted in you 
receiving three NJPs and dmg use, in violation ofthe Marine Corps' zero tolerance policy on 
drugs. 

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 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 ofprobable material error or injustice. 

Sincerely, 



Executive Director