DEPARTMENT OF THE NAVY 

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

RLJ 
Docket No: 1078-18 
JUL 2 2 2018 

5 U.S.C. 552(b)(6)
5 U.S.C. 552(b)(6)
Dear 5 U.S.C. 552(b)
(6)
This is in reference to your application for correction of your naval record pursuant to the 
provisions ofTitle 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 ofprobable 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 threemember 
panel of the Board for Correction of Naval Records, sitting in executive session, 
considered your application on 24 April 2018. 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, and 
applicable statutes, regulations and policies. 

You enlisted in the Marine Corps and began a period ofactive service on 8 April 1987. During 
the period from 29 January 1988 to 26 October 1989, you received non-judicial punishment on 

four occasions for three periods of unauthorized absence and use of amphetamines I 

methamphetamines. On 30 November 1989, you began a period ofUA that terminated with 

your surrender on 28 December 1989. Subsequently, after consulting with counsel, you 

requested a separation in lieu of trial (SILT) by court-martial for the aforementioned period of 

UA and wrongful use of cocaine. The Staff Judge Advocate reviewed the request and found it 

sufficient in law and fact. On 26 January 19990, the discharge authority approved your request 

and directed that you be discharged with an under other than honorable character of service. On 

2 February 1990, you were discharged. 

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade 

your discharge, contention that you were not provided adequate leadership and guidance at your 

unit, and your post service accomplishments. The Board in its review discerned no impropriety 


RLJ 


Docket No: 1078-18 

or inequity in the discharge and concluded these factors were not sufficient to warrant relief in 
your case because of the seriousness ofyour repeated misconduct that resulted in four NJPs and 
SILT. In regards to your contention, your record clearly indicates that you were counseled on 
numerous occasions and provided recommendations for corrective actions. Lastly, the Board 
noted while commendable, your post service conduct does not alter your conduct while enlisted 
in the Marine Corps or the basis for 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 ofprobable material error or injustice. 

Sincerely, 


Executive Director 

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