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

 Docket No: 6643-18 

 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 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 
16 July 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 14 March 1991. On 29 October 1991, you were convicted by 
civil authorities of larceny. On 12 November 1993, you received non-judicial punishment for 
wrongful use of cocaine. Subsequently, you were notified of pending administrative separation 
action by reason of misconduct due to drug abuse. After you waived your rights, your commanding 
officer recommended discharge under other than honorable conditions by reason of misconduct due 
to drug abuse. The discharge authority approved this recommendation and directed separation under 
other than honorable conditions by reason of misconduct. On 11 May 1994, you were discharged. 

 
The Board carefully weighed all potentially mitigating factors, such as your character letters, 
request to upgrade your discharge, and contentions that you would have earned retirement as a 
Marine, you raised a 20-year-old son, and you worked as a union heavy equipment operator for 13 
years. In regard to your contention that you raised a 20-year-old son and worked as a union heavy 
equipment operator for 13 years, the Board noted while commendable, your post service conduct 
does not excuse your conduct while enlisted in the Marine Corps or the basis for your discharge. 
The Board found no material error or injustice in your discharge as well as concluded that your 
violation of the Marine Corps drug policy and misconduct in the civilian community outweighed 
your mitigating factors. 
 

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 the submission of new matters, 
which will require you to complete and submit a new DD Form 149. 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.