DEPARTMENT OF THE NAVY 

BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 
 
Docket No: 8428-17 

MAR 2 2019 

Dear 


This is in reference to your application for correction ofyour 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 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 threec 
member panel ofthe Board for Correction ofNaval Records, sitting in executive session, 
considered your application on 13 December 2018. The names and votes ofthe 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 ofyour naval record, and 
applicable statutes, regulations, and policies. 

Although you admitted to pre-service drug use, you were granted a waiver allowing you to enlist 
in the Marine Corps. You enlisted in the Marine Corps and began a period ofactive duty on 
13 July 1994. You served for eight months without disciplinary incident, but, during the period 
from 14 March 1995 to 22 May 1995, you received nonjudicial punishment (NJP) on two 
occasions. Your offenses were unauthorized absence (UA) from your unit for three days and 
wrongful use of marijuana. Subsequently, you were notified ofpending administrative 
separation by reason ofmisconduct due to drug abuse, at which time you waived your rights to 
consult with legal counsel and to present your case to an administrative discharge board (ADB). 
Your commanding officer recommended that you be discharged with an other than honorable 
(OTH) characterization ofservice by reason ofmisconduct due to drug abuse. The discharge 
authority approved the recommendation and directed that you be separated with an OTH 
characterization by reason ofmisconduct, and, on 14 July 1995, you were discharged. 

The Board carefully weighed all potentially mitigating factors, such as your post-service 
conduct, letters attesting to your character, and your blindness, as well as your contention that, 
while at home recovering from injuries sustained in a car accident, you became depressed and . 
sick from the prescribed medicine and, against your better judgment, used marijuana. You also 
contend you were not offered the opportunity for rehabilitation. The Board, however, concluded 
that these factors were not sufficient to warrant relief in your case because ofthe seriousness of 
your misconduct, which resulted in two NJPs and included wrongful drug use despite the Marine 
Corps' policy of"zero tolerance." Further, you waived your right to an ADB, and thereby 
forfeited your best opportunity to receive a better characterization ofservice. Moreover, your 
allegation that you were not offered rehabilitation is unsupported in the record. The Board noted 
that, on 26 April 1975, you were counseled and advised that you were authorized treatment for 
substance abuse at a Veterans Administration Hospital (VAH). You signed a statement, 
however, declining the treatment. The Board was sympathetic to the possibility that you were 
depressed due to your medical condition, but noted that there was nothing in your record, and 
you did not submit any supporting documentation, to show that your depression could not be 
resolved through standard military channels. Finally, there is no requirement or law that grants 
recharacterization solely in order to obtain Veterans benefits. The Department of Veterans 
Affairs (DV A) determines eligibility for post-service benefits, not the BCNR. You should 
contact the nearest office ofthe DVA concerning your right to apply for benefits. 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 of an official naval record, the 
burden is on the applicant to demonstrate the existence ofprobable material error or injustice. 

Sincerely, 


Executive Director