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

Docket No: 9188-17 
Ref: Signature date

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 6 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.

You enlisted in the Marine Corps and began a period of active duty on 21 December 1993. On 
7 February 1996, you received non-judicial punishment (NJP) for wrongful use of a controlled
substance. Subsequently, you were notified of pending administrative separation action by reason of 
misconduct due to drug abuse, at which time you waived your procedural right to consult with legal 
counsel and to present your case to an administrative discharge board (ADB). Your commanding 
officer recommended an other than honorable (OTH) discharge. The discharge authority directed an 
OTH character of service discharge, and on 29 March 1996, you were discharged.

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your 
discharge, recognition of your mistake, and your age. The Board considered your contentions that 
you have since been a law abiding citizen, your pride in your service, and that you feel you deserve 
benefits from your veteran status. The Board appreciated your reflection on the events and the 
significance of your service to you. Additionally, while commendable, being a law abiding citizen 
does not alter your conduct while enlisted in the Navy or the basis for your discharge. The Board 
concluded these factors were not sufficient to warrant relief in your case because of the seriousness 
of your drug related misconduct in light of the Navy's policy of "zero tolerance."  After a thorough
review of the facts and circumstances unique to your case, the Board discerned no impropriety or 
inequity in the discharge action that would warrant a change in your characterization of service.

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,

4/29/2019

Executive Director