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

Docket No. 283-16 
JAN 0 9 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 of limitations and consider your application on its merits. A three­member panel ofthe Board for Correction ofNaval Records, sitting in executive session, considered your application on 26 September 2016. Your allegations oferror 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. 

In regard to your request for a personal appearance, be advised that Board regulations state personal appearances before the Board are not granted as a right, but only when the Board determines that such an appearance will serve some useful purpose. In your case, the Board determined that a personal appearance was not necessary and considered your case based on the evidence ofthe record. After careful and conscientious consideration of the entire record, the Board found that the evidence submitted was insufficient to establish the existence of probable material error or injustice. 

Of the available records, it was noted that you enlisted in the Navy and began a period of active duty on 6 January 1999. You served without disciplinary incident until 22 May 2000, when you received Captain's Mast for wrongful use ofa controlled substance; ecstasy. As a result of the foregoing, administrative discharge action was initiated. Shortly thereafter, the separation authority directed an other than honorable conditions discharge due to violation of"zero tolerance" drug use policy. On 14 July 2000, you were so discharged. 
The Board, in its review of your record, and application with supporting documentation, carefully weighed all potentially mitigating factors, such as your desire to upgrade your character of service and never given the opportunity for rehabilitation. The Board concluded these factors were not sufficient to warrant relief in your case, given the seriousness of the drug use. 

Additionally, the Board noted that on 23 May 2000, you declined to be screened for alcohol and drug abuse, which was your opportunity to determine your eligibility for treatment prior to separation. Accordingly, your application has been denied. The names and votes ofthe members ofthe panel will be furnished upon request. 

rt 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 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 ofregularity 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