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


Docket No: 1236-16 
JAN 25 2017 

Dear : 

This is in reference to your application for correction of your naval record pursuant to the 
provisions of title 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 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 24 October 2016. The names and votes ofthe members ofthe 
panel will be furnished upon request. Your allegations oferror 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 enlisted in the Navy and began a period of active duty on 23 June 1988. On 14 April 1988, 
you signed a Drug and Alcohol Statement ofUnderstanding, certifying that you understood, in 
part, the Navy policy on drug abuse and the potential legal consequences ofillicit drug use. 
However, on 7 March 1989, you received nonjudicial punishment (NJP) for two periods of 
unauthorized absence (UA) and wrongful use ofmarijuana. Although not all documents were 
found in your record, it appears that in view ofthe foregoing, administrative discharge action 
was initiated by reason ofmisconduct. Your record shows that you were discharged in absentia 
on 24 April 1989, with an other than honorable (OTH) characterization of service due to 
misconduct, as evidenced by your drug abuse. 

The Board, in its review of your entire record and application, carefully considered your desire to 
upgrade your characterization of service. The Board also weighed all potentially mitigating 
factors, such as your membership in veterans groups, the length oftime since your discharge, and 
your period ofservice without misconduct. Nevertheless, the Board concluded these factors 
were not sufficient to warrant relief, given the seriousness ofyour misconduct resulting in NJP. 

In this regard, the Board noted that you violated the Navy policy of"zero tolerance" for drug 
abuse, after you were briefed and certified that you understood the potential legal consequences 
ofillicit drug use. Further, the Board determined that your period ofservice without misconduct 
and your membership in veterans groups are not sufficiently mitigating to warrant recharacterizing 
your discharge. Finally, there is no provision in law or regulations that allows for 
re-characterization ofa discharge due solely to the passage oftime. Thus, the Board concluded 
that the severity of your misconduct outweighed any evidence supporting an upgrade ofyour 
characterization ofservice. 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 keep in mind that a presumption ofregularity attaches to all official records. 
Consequently, when applying for a correction ofan official naval record, the burden is on the 
applicant to demonstrate the existence ofprobable material error or injustice. 

Sincerely, 

Executive Director