DEPARTMENT OF THE NAVY 

BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 
 
Docket No: 1635-16 
FEB 03 2017 

Dear 

This is in reference to your application for correction of your 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 of limitations and consider your application on its merits. A threemember 
panel ofthe Board for Correction of Naval Records, sitting in executive session, 
considered your application on 2 November 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 of this 
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 ofactive duty on 18 November 1985. You served 
for seven months without disciplinary incident, but during the period from 2 July 1986 to 
1 October 1986, you received nonjudicial punishment (NJP) on three occasions. Your offenses 
were unauthorized absence (UA) and wrongful use of marijuana. 

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). On 8 October 1986, you 
once again received NJP for UA from your unit. Your commanding officer recommended 
discharge under other than honorable conditions by reason ofmisconduct due to drug abuse. The 
discharge authority approved the recommendation and directed separation under other than 
honorable conditions by reason ofmisconduct and on 22 December 1986, you were so 
discharged. 

The Board, in its review ofyour entire record and application, carefully weighed all potentially 
mitigating factors, such as your assertions that you were very young, and ill-prepared to handle 
the pressures that you encountered in the military life style. You contend that it was very 
difficult to deal with the stress ofyour grandmother's failing health. You also stated you were 
suffering with medical issues and depression trying to cope with your grandmother's 
deteriorating health. Nevertheless, the Board concluded these factors were not sufficient to 
warrant relief in your case because of the seriousness ofyour misconduct that resulted in three 
NJPs and wrongful drug use in light ofthe Navy's policy of"zero tolerance." Further, you were 
given an opportunity to defend your actions, but waived your procedural rights. Regarding your 
assertions, the Bofll"d was not persuaded that your age was a mitigating is~ue since you were the 
same age as the majority ofnew recruits that manage to adjust to the milifury life-style. You 
stated while in booth camp you were offered an opportunity to go home, but you choose to 
remain in the Navy. Concerning your assertion ofmedical issues, medical conditions are not an 
excuse for misconduct, and disciplinary action and administrative separation are appropriate. In 
regard to your alleged mental problems, there is no indication in the record that such problems, if 
they existed at the time of your service, were so serious as to excuse you ofresponsibility for 
your actions or were sufficiently mitigating to warrant recharacterization. The Board believed 
that to techaracterize your service to honorable or under honorable conditions would be a 
disservice to those who served honorably and completed their enlistments without any 
disciplinary actions. 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 of new 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 of an official naval record, the burden is on the 
applicant to demonstrate the existence ofprobable material error or injustice. 

Sincerely, 


Executive Director