DEPARTMENT OF THE NAVY 

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

Docket No: 2733-16 
FEB 01 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 of limitations and consider our application on its merits. A 
three-member 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 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 of this 
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 ofprobable material error or injustice. 

Prior to enlistment you were granted a drug waiver due to two pre-service drug related civil 
arrests. You enlisted in the Navy and began a period ofactive duty on 26 March 1982. You 
served for eight months without disciplinary incident, but during the period from 
3 December 1982 to 5 May 1983, you received nonjudicial punishment (NJP) on two occasions 
for wrongful use of marijuana. Subsequently, you were notified ofpending administrative 
separation processing with an other than honorable (OTH) discharge by reason ofmisconduct 
due to drug abuse. You elected to consult with legal counsel and subsequently requested an 
administrative discharge board (ADB). The ADB found that you had committed misconduct and 
recommended that you be discharged under OTH conditions by reason ofmisconduct due to drug 
abuse. The separation authority directed an OTH discharge by reason of misconduct due to drug 
abuse. On 16 August 1983, you were so discharged. 

The Board, in its review ofyour entire record and application, carefully weighed all potentially 
mitigating factors, such as your contention that the urine samples in the l 980's were only 30 to 
40 percent correct and you were not positive. The Board concluded these factors were not 
sufficient to warrant relief in your case because ofthe seriousness ofyour misconduct that 
resulted in two NJPs for wrongful drug use in light ofthe Navy's policy of"zero tolerance." In 
regard to your contention the Board was not persuaded by your mitigating statement that urine 
testing in the 1980's was not accurate, there is no evidence in your record, and you submitted 
none, to support your contention that you did not test positive. The Board concluded that the 
severity ofyour misconduct outweighed your desire to upgrade your discharge. 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 ofnew and material 
evidence within one year from the date ofthe Board's decision. New evidence is evidence not 
previously c~nsidered by the Board prior to making its decision in yrr case. In this regard, it is 
important to keep in mind that a presumption of regularity attaches t all official records. 
Consequently when applying for a correction ofan official naval rec rd, the burden is on the 
applicant to demonstrate the existence ofprobable material error or injustice. 

Sincerely,