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

Docket No: 9061-17                   
Ref: Signature date 


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, sitting in executive session, considered your application on 12 March 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. 

You enlisted in the Marine Corps on 17 October 1996.  On 10 February 1998, you received non­judicial punishment (NJP) for being absent from your appointed place of duty.  Subsequently, you were charged at special court-martial with wrongful use of marijuana and entered into a pretrial agreement to have the charge adjudicated at a summary court-martial (SCM) instead.  As part of your pretrial agreement, you acknowledged that you would be subject to administrative separation and that you may receive a discharge under other than honorable (OTH) conditions.  You were convicted at SCM and, on 23 September 1998, you were discharged with an OTH characterization of service. 

The Board carefully weighed all potentially mitigating factors, such as your contentions that you used drugs due to the death of your grandfather, you worked as a confidential informant for NCIS, and you have been an outstanding citizen since being discharged.  In this regard, the Board concluded that the Marine Corps’ “Zero Tolerance” drug policy mandated your discharge, which was not mitigated by the circumstances of your individual case. 

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