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


Docket No: 8804-17 
Ref: Signature date


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 10 January 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, applicable statutes, 
regulations, and policies.

You reenlisted in the Marine Corps on 26 January 1998, after over three years of honorable service. 
On 29 February 2000, you received nonjudicial punishment (NJP) for wrongfully using marijuana. 
Subsequently, you were notified of pending administrative separation action by reason of 
misconduct due to drug abuse. After you waived your procedural rights, your commanding officer 
recommended an other than honorable (OTH) discharge by reason of misconduct due to drug abuse. 
On 17 March 2000, the discharge authority directed an OTH character of service and on 24 March 
2000, you were discharged.

The Board carefully weighed all potentially mitigating factors such as your desire to upgrade your 
discharge, contention that you were young and immature, and contention that your service until the 
incident was "extraordinary", to include three meritorious promotions. The Board noted the record 
shows you were notified of and waived your procedural rights to an administrative discharge board. 
In doing so, you gave up your first and best opportunity to advocate for retention or a more 
favorable characterization of service.  In regards to your contentions, the Board concluded your
willing disregard for the Marine Corps' drug abuse policy, while a sergeant, outweighed your desire 
to upgrade your discharge.

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,
4/9/2019




Executive Director