DEPARTMENT OF THE NAVY 
BOARD FOR CORREC TION OF NAVAf. RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 
Docket No. 6912-15 
HAY 2 O 2016 

This is in reference to your application for correction of your naval record pursuant to the· provisions of 10 USC 1552. 
Although your application was not filed in a t imely manner, the Board f ound it in the i nterest of justice to waive the statute of limitations and consider your case on its merits . . A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 8 April 2016 . Your allegations of error and injustice were revi ewed 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, r egulations and policies. 

A review of your record shows that.you entered active·duty with the Navy in January 1988 . Non-judicial punishment (NJP) was imposed on you on four different occasions from June 1989 until May 1992 . The last NJP was for your wrongful use of marijuana and formed the basis for your administrative separation. In June 1992, you were discharged with an Other t han Honorable characterization of service for drug abuse. 

The Board carefully considered your arguments t hat you deserve a disability retirement due to an amputation of a finger that occurred while you were on active duty. Unfortunately, t he Board disagreed with your rationale for relief. First, the Board was unable to find evidence in your record of your injury and you did not submit any. Second, there was also no evidence in your record to show that your condition, provided it existed, substantially impaired your ability to perform your duties, thereby making you unfit for continued naval service due to a physical disability. Third, provided your condition existed, the Navy properly processed your separation for misconduct vice a disability since service regulat ions directed that misconduct processing supersede disability processing. . Finally, the Board determined that the circumstances of your case did not amount to an injustice due to the amount of misconduct you were involved in during your time in t he Navy. Accordingly, the Board was unable to find an error or injustice warranting a correction to your record and denied your application. The names and votes of the.members of the panel will be furnished upon request. 

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 submission of new evidence within one year from the date of the Board's decisi on. New evidence is evidence not previously considered.by the Board prior to making its decision in this case. 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, 

Executive Di rector 
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