DEPARTMENT OF THE NAVY 

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

Docket No: 91-17 

Dear : 

This is in reference to your application for correction ofyour naval record pursuant to the 
provisions oftitle 10 ofthe United States Code, section 1552. 

Although your application was not filed in a timely manner, the Board found it in the interest of 
justice to waive the statute oflimitations and consider your application on its merits. A threemember 
panel ofthe Board for Correction ofNaval Records, sitting in executive session, 
considered your application on 28 February 2018. The names and votes ofthe members ofthe 
panel will be furnished upon request. Your allegations oferror and injustice were reviewed in 
accordance with administrative regulations and procedures applicable to the proceedings ofthis 
Board. Documentary material considered by the Board consisted ofyour application, together 
with all material submitted in support thereof, relevant portions ofyour naval record, and 
applicable statutes, regulations, and policies. In addition, the Board considered the advisory 
opinion (AO) furnished by Chief, Bureau ofMedicine and Surgery, dated 3 August 2017, a copy 
ofwhich was mailed to you on 7 August 2017. 

Regarding your request for a personal appearance, the Board determined that a personal 
appearance with or without counsel will not materially add to their understanding ofthe issue(s) 
involved. Therefore, the Board determined that a personal appearance was not necessary and 
considered your case based on the evidence ofrecord. 

On 2 April 2002, prior to enlistment you were granted a waiver for pre-service drug abuse. You 
enlisted in the Marine Corps and began a period ofactive duty on 8 May 2002. On 17 
September 2003, you tested positive for wrongful use ofmethamphetamine. Subsequently, you 
were notified ofpending administrative separation by reason ofmisconduct due to drug abuse at 
which time you waived your procedural right to present your case to an administrative discharge 
board (ADB). Your commanding officer recommended discharge under other than honorable 
conditions by reason ofmisconduct due to drug abuse. Prior to completion ofthe separation 
process you were convicted by summary court-martial ofwrongful use ofmethamphetarnine, 
assault, and wrongfully soliciting another marine to commit an assault. On 24 November 2003, 
you received nonjudicial punishment (NJP) for absence from your appointed place ofduty. The 
discharge authority approved your separation and directed that you should be discharged under 
other than honorable conditions by reason ofdrug abuse, and on 24 December 2003, you were 
discharged. 

Your contention that you suffered from post-traumatic stress disorder (PTSD) was fully and 
carefully considered by the Board in light ofthe Secretary ofDefense's Memorandum, 
"Supplemental Guidance to Military Boards for Correction ofMilitary/Naval Records 
Considering Discharge Upgrade Requested by Veterans Claiming Post Traumatic Stress 
Disorder'' of3 September 2014 and the "Clarifying Guidance to Military Discharge Review 
Board and Boards for Correction ofMilitary/Naval Records Considering Requests by Veterans 
for Modification oftheir Discharge Due to Mental Health Conditions, Sexual Assault, or Sexual 
Harassment" memorandum of25 August 2017. 

After careful and conscientious consideration ofthe entire record, the Board found the evidence 
submitted was insufficient to establish the existence ofprobable material error or injustice. 
The Board carefully weighed all potentially rriitigating factors, including your contention that 
you were not properly screened due to having PTSD at the time ofseparation. The Board noted 
that you were given an opportunity to defend your actions, but waived your procedural rights. 
The Board also agreed with the AO. Specifically, that there was insufficient evidence to support 
your contention that you had service connected PTSD which contributed to your misconduct. 
The Board concluded these factors were not sufficient to warrant reliefin your case because of 
the seriousness ofyour misconduct that resulted in an NJP, an SCM and wrongful drug use in 
light ofthe Marine Corps' policy of"zero tolerance." The Board in it review discerned no 
impropriety or inequity in the discharge. Accordingly, your application has been denied. 

It is regretted that the circumstances ofyour 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 ofregularity attaches to all 
official records. Consequently, when applying for a correction ofan official naval record, the 
burden is on the applicant to demonstrate the existence ofprobable material error or injustice. 

Sincerely, 


Executive Director