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

Docket No: 8700-17 
APR O9 2019 

Dear : 

This is in reference to your application for correction of your naval record pursuant to 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 19 December 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, relevant 
portions of your naval record, as well as applicable statutes, regulations, and policies. 

You enlisted in the Marine Corps and began a period of active duty on 8 August 1994. On 
23 February 1996, you received non-judicial punishment (NJP) for an unauthorized absence. On 
21 November 1996, you were convicted by special court-martial (SPCM) of wrongful use of 
marijuana (2 specifications). You were adjudged reduction in rank, forfeiture of pay, 
confinement, and a bad conduct discharge (BCD). After the BCD was approved at all levels of 
review, you were discharged on 2 March 1998. 

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade 
your discharge. The Board considered your contentions that you were constantly hazed by your 
Sergeant, you should not be punished for one mistake that you made, and that you were a good 
Marine that served his country to the fullest. The Board found that these factors were not 
sufficient to warrant relief given your repeat misconduct resulted in an NJP and conviction by 
SPCM. The Board found that even in consideration of the punishment imposed, the BCD was 
issued without error or injustice and clemency is not warranted. The record shows no evidence 
of hazing. and absent further documentation you provide, the presumption of regularity applies. 

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 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