DEPARTMENT OF THE NAVY 

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

Docket No. 1583-16 

JAN 25 2017 

Dear 

This is in reference to your application for correction ofyour naval record pursuant to the 
provisions of 10 USC 1552. 

Although your application not filed in a timely manner, the Board found in the interest ofjustice 
to waive the statute oflimitations and consider your case on its merits. A three-member panel of . 
the Board for Correction ofNaval Records, sitting in executive session, considered your 
application on 30 September 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 of the entire record, the Board found that the 
evidence submitted was insufficient to establish the existence ofprobable material error or 
injustice. 

You served in the Navy without any disciplinary incident until 6 July 1984 when your command 
received a positive drug urinalysis for marijuana, from the sample taken from you on 
28 June 1984. On 31 July 1984, you were placed on a Urinalysis Surveillance Program as a 
result of the positive drug identification for the illegal use/possession ofmarijuana on 
28 June 1984. On 2 August 1984, you received nonjudicial punishment (NJP) for the offenses of 
failure to obey a lawful general order, drinking while in a duty status, and wrongfully using 
marijuana. You were referred to the Counseling and Assistance Center (CAAC) on 
21 August 1984 and were determined a drug and alcohol abuser and placed on a Urinalysis 
Surveillance Program. 

Subsequently, on 22 October 1984, the command received another positive drug urinalysis for 
cannabinoids, from a sample taken from you on 27 September 1984. On 26 October 1984, your 
Commanding Officer notified you that you were being considered for an administrative 
separation by reason ofmisconduct due to drug abuse and commission ofa serious offense. You 
elected to consult with counsel and to have your case heard at an administrative discharge board 
(ADB). On 19 November 1984, the command received another positive drug urinalysis for 
marijuana from a sample taken from you on 13 November 1984. The ADB held on 20 
December 1984 found you committed misconduct and recommended an under Other Than 
Honorable Conditions (OTH) discharge by reason of misconduct due to drug abuse and 
commission ofserious offense. The ADB requested extenuating circumstances be applied in 
your case and recommended that prior to your discharge you be required to complete a program 
such as NDRC [Navy Drug Rehabilitation Center] and upon successful completion ofprogram, 
recommend discharge be reviewed for possible upgrade to general. 

Subsequently, your Commanding Officer concurred with the findings and recommendations of 
the ADb, with the exception ofthe ADB's recommendation forltreatment and a potential 
upgrade ofdischarge. The Commanding Officer opined that you had no potential for future 
service as evidenced by your continued drug usage. The discharge authority subsequently 
directed your discharge, and on 25 February 1985 you were discharged with an OTH 
characterization ofservice. 

The Board, in its review ofyour record and application, carefully weighed all potentially 
mitigating factors, such as your post-service conduct, and your contentions that you were 
"...unjustly discharged for using marijuana one time which marijuana is now legal for medicinal 
purposes...," and that "It is very hard to apply for a job with this on my record since it happened 
over 32 years ago." However, the Board determined that these factors were.not sufficient 
enough to warrant relief in your case because ofthe seriousness ofyour drug-related misconduct. 
The Board also concluded that your service record suggests otherwise when you contend that 
you have only used marijuana once. 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 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 this 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