DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 
Docket No: 2556-16 
FEB 08 2017 

Dear

This is in reference to your appliL ion for correction ofyour 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 on 16 November 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 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. 

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 and began a period of active duty on 14 December 1981. On On 8 July 1982, you received nonjudicial punishment (NJP) for failure to obey a lawful general regulation by wrongfully using marijuana. On 8 December 1982, you were convicted by a summary court martial (SCM) of disobeying a lawful order, displaying rude behavior, wrongful possession of marijuana on two occasions and wrongful use of marijuana on three occasions.

Subsequently, you were notified of administrative separation by reason of misconduct due to drug abuse, at which time you waived your right to consult with counsel and to present your case to an administrative discharge board (ADB). The commanding officer recommended administrative discharge with an other than honorable (OTH) discharge. The discharge authority approved this recommendation and directed discharge by reason of misconduct due to drug abuse with an OTH discharge. On 14 January 1983, you were so discharged. 
The Board, in its review ofyour entire record and application, carefully weighed all potentially 
mitigating factors, such as your desire to change your characterization ofservice, change your 
name on your DD Form 214 and assertion that your mother and father illegally changed your 
name on your social security card. Nevertheless, the Board concluded these factors were not 
sufficient to warrant relief in your case because ofthe seriousness of your drug related misconduct. The Board noted that the record shows that you were notified of and waived your procedural right to present your case to an ADB. In doing so, you gave up your first and best opportunity to advocate for retention or a more favorable characterization of service. Regarding your desire to change your name on your DD 2 14, the Board noted you did not provide sufficient evidence to support your request. 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 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 lljlind that a presumption ofregularity attaches to all offic~al records. Consequently, when alpplying for a correction of an official naval record, the tlurden is on the applicant to demonstrate the existence of probable material error or injustice. 

Sincerely, 


Executive Director