DEPARTMENT OF THE NAVY 

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

Docket No: 1691-16 
28 March 2016 

Dear : 

This is in reference to your application for correction of your 
naval record pursuant to the provisions of title 10 of the 
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 
three-member panel of the Board for Correction of Naval Records, 
sitting in executive session, considered your application on 
18 March 2016. The names and votes of the members of the 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 of this 
Board. Documentary material considered by the Board consisted 
of your 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 the evidence submitted was insufficient 
to establish the existence of probable material error or 
injustice. 

You enlisted in the Navy, began a period of active duty on 
22 January 2009, and served without disciplinary incident for 
about two months. However, on 1 April 2009, you received 
nonjudicial punishment (NJP) for failure to obey an order or 
regulation by wrongfully using a racial slur. You were also 
counseled and notified of your deficiencies in military 
behavior/conduct and advised that further misconduct may be 
grounds for administrative separation processing. On 
15 December 2012, you received NJP for wrongful use of 
marijuana. Although all of the documents are not in your 
record, it appears that administrative discharge action was 
initiated and you were recommended for an other than honorable 
discharge, because on 28 December 2012, you received an other 
than honorable discharge by reason of misconduct due to drug 
abuse. 

The Board, in its review of your entire record and app+ication, 
carefully weighed all potentially mitigating factors, such as 
your record of service, desire to upgrade your discharge and use 
your veteran's benefits. The Board also considered your 
assertion that your discharge status is unjust due to the Navy's 
approach to your disciplinary action and that you have been a 
model citizen since your discharge. Nevertheless, the Board 
concluded these factors were not sufficient to warrant 
recharacterization of your discharge, given the-seriousness of 
your misconduct which resulted in two NJPs based on disobedience 
of an order or regulation and wrongful use of marijuana. The 
Board also noted that you were formally counseled and warned 
after your first NJP that further misconduct may result in 
administrative separation. With regard to your assertion that 
the Navy's approach to your disciplinary action was unjust, the 
Board noted that your wrongful use of marijuana was in violation 
of the Uniform Code of Military Justice and the Navy's "zero 
tolerance" drug abuse policy, and that disciplinary action and 
administrative separation for your misconduct was appropriate. 
Further, although you assert that you have been a model citizen 
since your discharge, the Board determined that a discharge 
characterization upgrade to honorable is not warranted. 
Accordingly, your application has been denied. 

It is regretted that the circumstances of your 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 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 of 
regularity 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 of 
probable material error or injustice. 

Sincerely, 

Executive Director