DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 
Docket No. 8225-15 
DEC 1 5 2016 

Dear 

This is in reference to your application for correction of your naval record pursuant to the provisions of 10 USC I 552. 
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 ofthe Board for Correction ofNaval Records, sitting in executive session, considered your application on 13 July 2016. 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, your naval record,and applicable statutes, regulations and policies. 

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. 

You enlisted in the Navy and began a period ofactive duty on 15 February 1994. You served for over two years without a disciplinary incident. On 31 October 1996 you were found guilty at nonjudicial punishment (NJP) for violating Uniform Code of Military Justice, Article I 12(a) (drug abuse) and received a reduction in rank, forfeitures, and restriction and extra duties for 45 days. You admitted to using illegal drugs and waived your right to an administrative separation board and acknowledged you would be separated with an Other than Honorable (OTH) characterization of service. Due to the severity of your misconduct, the discharge authority directed your separation on 17 December I 996 with an OTH characterization of service and an RE-4 reentry code. 

The Board, in its review ofyour entire record and application, carefully weighed all potentially mitigating factors, such as your period of satisfactory service, the fact that you did not receive rehabilitation or counseling, your post service conduct, and desire to upgrade your discharge. Nevertheless, the Board concluded these factors were not sufficient to warrant relief in your case because ofthe seriousness of your misconduct and wrongful drug use in light of the Navy's policy of"zero tolerance." Finally, the Board concluded that the severity of your misconduct outweighed your period of satisfactory service and desire to upgrade your discharge. The Military Personnel Manual, Section 1910-304, dictates that an Other than Honorable (OTH) characterization of service is warranted when conduct involving one or more acts ofomissions constitute a significant departure from the conduct expected of members of naval service, specifically, conduct punishable by punitive discharges such as drug abuse. Finally, there is no provision of law or in Navy regulation that allows for recharacterization of service due solely to the passage of time. Accordingly, your application has been denied. The names and votes of the members ofthe 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 decision. 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 ofprobable material error or injustice. 
Sincerely, 

Executive Director