DEPARTMENT OF THE NAVY 

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

Docket No: 2367-16 
APR 17 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 oflimitations and consider your application on its merits. A threemember 
panel ofthe Board for Correction ofNaval Records, sitting in executive session, 
considered your application on18 January 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. 

You enlisted in the Navy and began a period ofactive duty on 16 February 1989. You served for 
three years and five months without disciplinary incident, but on 27July1992, you were 
convicted by special court-martial (SPCM) ofunauthorized absence (UA) from your unit for 
periods totaling 35 days, missing ship's movement and wrongful use ofcocaine and marijuana. 
The sentence imposed was confinement, a forfeiture ofpay, reduction in paygrade, and a bad 
conduct discharge (BCD). On 18 May 1993, you received the BCD after appellate review was 
complete. 

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. The 
Board, in its review ofyour entire record and application, carefully weighed all potentially 
mitigating factors, such as your desire to upgrade your discharge to gain eligibility for veteran's 
benefits and contention that although you were diagnosed with an adjustment disorder with 
resolving depression, your command did not follow the aftercare recommendations given by the 
psychiatrist. In regard to your contention, you were discharged from the 
VA medical facility on 28 February 1992, your record contains documentary evidence that you 
started your first period ofUA on 16 March 1992, 16 days after discharge from the VA facility, 
which did not provide an opportunity for your command to fully comply with the 
recommendations suggested by the psychiatrist. The Board concluded these factors were not 
sufficient to warrant relief in your case because ofthe seriousness ofyour misconduct that 
resulted in, an SPCM, and wrongful drug use in light ofthe Navy's policy of"zero tolerance." 
Accordingly, your application has been denied. 

It is regretted that the circumstances ofyour case are such that favorable action cannot be taken at 
this time. You are entitled to have the Board reconsider its decision upon the submission ofnew 
and material evidence. New evidence is evidence not previously considered by the Board. 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