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

Docket No: 8744-17 
MAY 17 2019 

Dear : 

This letter 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 for Correction of Naval Records (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 5 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, as well as applicable 
statutes, regulations, and policies. 

Regarding your request for a personal appearance, the Board determined that a personal appearance 
with or without counsel would 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 on 20 August 1985. During the period from 30 September to 
8 December 1987, you received non-judicial punishment (NJP) twice. The first NJP was for 
disobeying a lawful order and the second NJP was for wrongful use of marijuana. As a result, your 
commanding officer (CO) required you to attended the Basic Alcohol/Drug Abuse Prevention 
Education Program. On 27 January 1988, you tested positive for marijuana. As a result, a medical 
evaluation determined you were not psychologically dependent on drugs or alcohol. Subsequently, 
you were notified that you would be processed for administrative separation by reason of misconduct 
due to drug abuse, and you were provided your rights concerning same. You waived your rights and 
your CO recommended that you be discharged with an other than honorable (0TH) characterization 
of service by reason of misconduct due to drug abuse. The discharge authority approved this 
recommendation. You were discharged on 12 August 1988. 

The Board carefully weighed all potentially mitigating factors as well as all of your contentions. 
You seek to upgrade your discharge and you contend that you were told you could remain in the 
Marine Corps after successfully completing a 30-day rehabilitation program. The Board noted that 
there is no evidence in your record, and you submitted none, to support your contention. The Board 
determined that the nature of your misconduct, violating the Navy's drug policy, outweighed the 
matters that you provided in support of your application. The Board thus concluded that the 
evidence you provided is insufficient to demonstrate probable material error or injustice warranting 
favorable action. 

It is regretted that the circumstances of your case are such that favorable action cannot be taken. 
You are entitled to have the Board reconsider its decision upon 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