DEPARTMENT OF THE NAVY 

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

Docket No: 1620-16 

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. 

A three-member panel ofthe Board for Correction ofNaval Records, sitting in executive session, 
considered your application on 3 February 2017. 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. 

Board regulations state that personal appearances before the Board are not granted as a right, but 
only when the Board determines that such an appearance will serve some useful purpose; In 
your case, the Board determined that a personal appearance was not necessary and considered 
your case based on the evidence ofrecord. 

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 ofactive duty on 28 December 1979. While 
attending YN "A" School, you tested positive by urinalysis for marijuana. You received a 
counseling/ warning, advising you that further evidence ofdrug abuse may result in processing 
for an administrative discharge. On 31 August 1982, you received nonjudicial punishment (NJP) 
for unauthorized absence. On 9 September 1982, you tested positive by urinalysis for marijuana. 
In view ofthe foregoing, administrative discharge action was initiated. You were advised of 
your rights, and after waiving your procedural rights, your Commanding Officer forwarded your 
case, recommending discharge. The discharge authority directed an honorable discharge by 
reason ofpersonal abuse ofdrugs other than alcoholic beverages, separation designator program 
(SPD) code JPB, and an RE-4 (ineligible for reenlistment) reentry code. 

The Board, in its review ofyour entire record and application, carefully considered your 
contention that your SPD and reentry codes, as well as your Time Lost reflected on your DD 
Form 214, are not correct. The Board concluded that the discharge authority specifically 
assigned the SPD code JPB and RE-4 reentry code due to your personal abuse ofdrugs, and that 
those are the most appropriate codes as evidenced by your repeated in-service drug abuse. The 
Board noted that your DD Form 214 reflects Time Lost from 21 to 23 October 1980. Although 
the documents supporting the Time Lost is not included in your record, the Board is entitled to 
rely upon a presumption ofregularity, absent evidence to the contrary. 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 of the 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