DEPARTMENT OF THE NAVY 

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

Docket No: 1225-16 
JAN 27 2017 

Dear : 

This is in reference to your application for correction ofyour naval record pursuant to the 
provisions oftitle 10 ofthe United States Code, section 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 19 October 2016. The names and votes ofthe members ofthe 
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 ofthis 
Board. Documentary material considered by the Board consisted ofyour application, together 
with all material submitted in support thereof, your naval record, and applicable statutes, 
regulations, and policies. 

After careful and conscientious consideration ofthe entire record, the Board found the evidence 
submitted was insufficient to establish the existence ofprobable material error or injustice. 

You reenlisted in the Navy on 30 November 1981 after more than seven years ofprior service. 
You served for two years and 10 months without disciplinary incident, but on 0 September 1984, 
you received nonjudicial punishment (NJP) for wrongful use ofmarijuana. Subsequently, you 
were notified ofpending administrative separation by reason ofmisconduct due to drug abuse at 
which time you waived your procedural rights to consult with legal counsel and to present your 
case to an administrative discharge board (ADB). Your commanding officer recommended 
discharge under other than honorable conditions by reason ofmisconduct due to 
drug abuse. The discharge authority approved this recommendation and directed separation 
under other than honorable conditions by reason ofmisconduct and on 27 November 1984, you 
were so discharged. 

The Board, in its review ofyour entire record and application, carefully weighed all potentially 
mitigating factors, such as your statement that your misconduct was caused by stress and divorce. 
The Board concluded these factors were not sufficient to warrant relief in your case because of 
the seriousness ofyour misconduct that resulted in wrongful drug use in light of the Navy's 
policy of"zero tolerance." Further, you were given an opportunity to defend your actions, but 
waived your procedural rights. In this regard the Board concluded that the severity ofyour 
misconduct outweighed your desire to upgrade your discharge. Accordingly, your application 
has been denied. 

It is regretted that the circumstances ofyour case are such that favorable action cannot be taken. 
You are entitled to have the Board reconsider its decision upon submission ofnew and material 
evidence within one year from the date ofthe Board's decision. New evidence is evidence not 
previously considered by the Board prior to making its decision in your case. In this regard, it is 
important to kyep in mind that a presumption ofregularity attaches to fl official records. 
Consequently,Jwhen applying for a correction of an official naval reco~d, the burden is on the 
applicant to demonstrate the existence ofprobable material error or injustice. 

Sincerely, 


Executive Director