DEPARTMENT OF THE NAVY  
BOARD FOR CORRECTION OF NAVAL RECORDS  
701 S. COURTHOUSE ROAD, SUITE 1001  
ARLINGTON, VA 22204-2490  
JET  
Docket No. 10568-15  
MAY 1 I 2017  


Dear 

This is in reference to your application for correction ofyour naval record pursuant to the provisions of 10 USC 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 6 February 2017. The names and votes of the 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 of this 
Board. Documentary material considered by the Board consisted of your application, together 
with all material submitted in support thereof, your naval record and applicable statutes, 
regulations and policies. In addition, the Board considered the advisory opinion furnished by 
Headquarters, Marine Corps (JPL) dated 4 November 2016, which was previously provided to 
you. 
After careful and conscientious consideration of the entire record, the Board found that the evidence submitted was insufficient to establish the existence of probable material error or injustice. In this connection, the Board substantially concurred with the comments contained in the advisory opinion. Specifically, that your affidavit subscribed to an Office of Personnel Management (OPM) investigator in a security investigation almost two years after your admissions during your processing, does not constitute substantial evidence demonstrating the existence of a probable material error or injustice warranting the redaction ofyour admissions from your records. The Board further concurred with advisory opinion that, your claim that, because you had no reaction to the paper, you were "almost certain," in retrospect, that the substance was not actually lysergic acid diethylamide (LSD) strains credulity and, in any event, is insufficient to demonstrate the existence of a probable material error or injustice. During your pre-enlistment and enlistment processing, you admitted to using LSD once. Although you later doubted that the substance you used was actually LSD, you nevertheless expressly acknowledged to an OPM investigator that you knowingly and intentionally placed a substance in your mouth that you believed to be LSD. The Board, therefore, determined that you have 
JET 

Docket No. 10568-15 
failed to provide any substantial evidence demonstrating the existence ofprobable material error or injustice warranting the removal ofthe requested documents from your official record. Accordingly, your application has been denied. 
Regarding your request for a personal appearance, the Board determined that the a personal appearance with or without counsel will not materially add to their understanding of the issue(s) involved. Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence ofrecord. 
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 ofregularity 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 ofprobable material error or injustice. 
Sincerely, 

Executive Director 
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