DEPARTMENT OF THE NAVY 

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


Docket No: 259-16 
DEC 22 2016 

Dear 

This is in reference to your application for correction ofyour naval record pursuant to the 
provisions oftitle 10, 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 ofthe Board for Correction ofNaval Records, sitting in executive session, 
considered your application on 4 August 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 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 ofthe 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 24 September 1996, and served two years 
and two months without disciplinary incident. On 28 November 1998, you received nonjudicial 
punishment (NJP) for wrongful use ofa controlled substance. 

Your record is incomplete, in that it does not contain all of the documents pertaining to your 
administrative discharge. Based on your Certificate of Release or Discharge from Active Duty (DD 
Form 214), it appears that after being afforded all ofyour procedural rights, the discharge authority 
directed you receive an other than honorable discharge by reason of misconduct due to commission 
of a serious offense. On 26 January 1999, 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 upgrade your discharge and your contentions the discharge 
decision should have been made by your local command because only the local command would 
consider the totality ofthe facts and the local command had already punished you with a non-career 
ending punishment. Additionally, you contend that you never used drugs but that someone slipped 
an illicit substance into your drink. You also assert that you were unable to formulate a defense 
when confronted with the decision because you were both mentally and physically exhausted after 
restriction and extra duty. Upon review and consideration of all the evidence of record, the Board 
concluded that your request does not warrant relief. In this regard, the Board concluded that your 
drug-related misconduct outweighed any evidence supporting an upgrade ofyour characterization 
of service. 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 of regularity 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,