DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 
Docket No: 5282-17 
OCT 10 2017 

Dear

This is in reference to your application for correction of your naval record pursuant to the provisions oftitle lO of the United States Code, section 1552. 

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 ofNaval Records, sitting in executive session, considered your applicationlon 17 July 2017. The names and votes of the memberslofthe 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 began a period of active duty in the Marine Corps on 29 March 1999. You served approximately three months without disciplinary incident. On 26 August 1999, after testing positive at a July 1999 urinalysis for cocaine, you received nonjudicial punishment (NJP) for wrongful use of a controlled substance. You were medically screened and found qualified for separation on 20 August 1999 and, on 30 August 1999, your Commanding Officer recommended that you be separated with an other than honorable characterization ofservice. You waived your right to appear before an administrative separation board. You were discharged from the Marine Corps on 8 October 1999, with an other than honorable discharge characterization and a reentry (RE) code of RE-4B. 

The Board considered your request for an upgrade to your other than honorable characterization of service. When making its determination, the Board noted that you provide extensive information about your post service accomplishments and contributions as well as character references that attest to your accomplishments. 

After careful and conscientious consideration of the entire record, the Board found the evidence submitted was insufficient to establish the existence ofprobable material or injustice. The Board carefully weighed all potentially mitigating factors, such as your sobriety and your post-service accomplishments. The Board found that these factors were not sufficient to warrant recharacterization of your discharge given the seriousness of your wrongful use of cocaine while on active duty. The Board commends you on your accomplishments after your discharge from the Marine Corps. However, despite your contributions and accomplishments, the Board found that the other than honorable characte1ization is neither unjust nor erroneous. Accordingly, your application has been denied. 

It is regretted that the circumstances of your 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. ln 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 of probable material error or injustice. 

Sincerely, 

Executive Director