Docket No: 8534-17
									

Dear 

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 of the 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 three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 22 February 2019.  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 enlisted in the Marine Corps on 9 November 2001.  On 17 February 2010, you tested positive for illegal drugs.  On 5 April 2010, the Commandant of Marine Corps (CMC) informed you that your name was administratively deleted from the Fiscal Year (FY) 2008 Staff Sergeant Selection list due to your arrests for driving under the influence of alcohol on 8 December 2008 and 28 April 2009, which resulted in you pleading guilty to “reckless driving” on 28 April 2010.  Additionally, on 24 September 2009 you were cited for a subsequent alcohol-related incident.  On 12 May 2010, you received non-judicial punishment (NJP) for wrongful use of a controlled substance—specifically, for taking prescription medication that was not prescribed to you.  Your punishment included reduction to the paygrade of E-4.  On 20 January 2011, your commanding officer set aside your NJP and your rank was reinstated.  Subsequently, on 30 October 2011, you were discharged at the rank of sergeant with an honorable characterization of service by reason of temporary disability.

The Board carefully weighed all potentially mitigating factors, such as your desire to be promoted to the grade of staff sergeant.  The Board considered your contention that your NJP was set aside and your rank was restored.  The Board, however, concluded that these factors were not sufficient to warrant relief in your case.  The Board determined the CMC’s removal of your name from the Fiscal Year 2008 Staff Sergeant Selection list was warranted due to your misconduct of driving under the influence of alcohol on two separate occasions and your additional alcohol-related incident.  

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 matters.  New matters are those not previously presented to or 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 of probable material error or injustice.

Sincerely,

Executive Director