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

Docket No. 273-16  
FEB 23 2017  

Dear :

This is in reference to your application for correction of your naval record pursuant to the provisions of 10 USC 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 of the Board for Correction ofNaval Records, sitting in executive session, considered your application on 24 October 20 16. The names and votes of the members ofthe 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 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 that the evidence submitted was insufficient to establish the existence ofprobable material error or injustice. 

Of the available records, it was noted that you enlisted in the Navy and began a period ofactive duty on 15 June 1981. You served without disciplinary incident until 25 March 1983, when you received nonjudicial punishment (NJP) for unauthorized absence (UA) for a period of2 days. On 26 May 1983, you were convicted at a summary court martial (SCM) for UA and disrespect towards a superior noncommissioned officer. On 15 July 1983, you received an NJP for breach of peace (two specifications). On 12 November 1983, you received an NJP for disorder and neglect to the prejudice ofgood order and discipline in the armed forces along with knowingly and wrongfully using a prohibited substance (marijuana). On 27 October 1984, you received a fourth NJP for attempting to wrongfully introduce 2 grams of marijuana onto a ship, and for the wrongful use and possession of a controlled substance. Additionally, on 27 October 1984 you were notified tqat you were being processed for an administrative discharge by reason of misconduct due to drug abuse. As a result ofthe foregoing, an administrative discharge board (ADB) was held. The ADB unanimously found that you committed misconduct due to drug abuse and recommended that you be discharged with an Other Than Honorable (OTH) characterization ofservice. Thereafter, the separation authority directed an OTH discharge due to misconduct due to drug abuse. On 4 April 1985, you were discharged with an OTH characterization of service. 

The Board, in its review ofyour record and application with supporting documentation, carefully weighed all potentially mitigating factors, such as your contention that you did not receive a fair or unbiased panel, and that your accomplislunents outweighed your misconduct. However, the Board concluded these factors were not sufficient to warrant relief in your case, given the pattern, se1iousness and pervasiveness of your drug-related and other misconduct that resulted in 4 NJPs and I SCM. 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 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 this 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 of probable material error or injustice. 

Sincerely, 

Executive Director