DEPARTMENT OF THE NAVY 

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

Docket No. 2371-16 
JUL 21 2017 

Dear 

This is in reference to your application for correction ofyour naval record pursuant to the 
provisions of 10 U.S.C. § 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 on 24 April 2017. The names and votes ofthe members of the 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 of your 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 14 December 1981. On 22 June 
1983 a command directed urinalysis revealed your results to be positive for marijuana. You 
received nonjudicial punishment (NJP) on 6 July 1983 for wrongful possession ofmarijuana. 
The Board noted that a surveillance urinalysis test was conducted on you during the dates of I 0 
and 12 August 1983 revealing positive results for marijuana. As a result ofthe foregoing, 
administrative discharge proceedings commenced resulting in the separation authority directing 
an Other Than Honorable (OTH) characterization ofservice by reason ofmisconduct due to drug 
abuse. On 28 October 1983, you were discharged with an OTH characterization ofservice in 
absentia. 

You requested that the Board upgrade your discharge. After careful and conscientious 
consideration ofthe entire record, the Board found that the evidence submitted was insufficient 
to establish the existence ofprobable material error or injustice. The Board carefully weighed all 
potentially mitigating factors, such as your desire to upgrade your character ofservice. You 
stated that you were told that you should be able to change you characterization of discharge 
after 15 years. There is no provision in law or regulations that allows for re-characterization ofa 
discharge automatically after fifteen years, due solely to the passage oftime. 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 of 
new 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 of an official naval record, the 
burden is on the applicant to demonstrate the existence ofprobable material error or injustice. 

Sincerely,