DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 0757-17 Dear This is in reference to your application for correction of your naval record pursuant to the provisions ofTitle 10 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 oflimitations 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 l 0 May 2017. 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, your naval record, and applicable statutes, regulations, and policies. Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issues involved. Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. You enlisted in the Marine Corps and began a period ofactive duty on 25 July 201l. On 10 July 2012, you received nonjudicial punishment (NJP) for the wrongful use of a controlled substance (marijuana). As a result ofyour NJP, you were also issued an Administrative Remarks (Page 11) counseling warning. Subsequently, after being afforded all of your procedural rights, you were administratively discharged by reason of misconduct due to drug abuse with an other than honorable characterization of service. You were discharged on 17 December 2012. 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. The Board carefully weighed all potentially mitigating factors, such as your desire to have your Page 11 dated 10 July 2012, from your Official Military Performance File (OMPF) and your contention that the removal of the Page 11 will facilitate your reenlistment into the Marine Corps. The Board noted that you petitioned the Naval Discharge Review Board and was granted full relief. The Board concluded these factors were not sufficient to wan-ant the removal ofthe Page 11 from your OMPF. The issuance of the Page 11 and the NDRB findings were two separate processes, and the decision ofthe latter does not cancel out the finding ofthe fonner. 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. In this regard, it is important to keep in mind that a presumption ofregularity attaches to all official records. Consequently, when applying for a con-ection ofan official naval record, the burden is on the applicant to demonstrate the existence of probable material error or injustice. Sincerely, Executive Director