DEPARTMENT OF THE NAVY 

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

Docket No: 2866-16 
MAY 05 2017 

Dear

This is in reference to your application 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 three
member panel ofthe Board for Correction ofNaval Records, sitting in executive session, 
considered your application on 7 February 2017. 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. 

You enlisted in the Navy and began a period ofactive duty on 15 October 1985. On 3 December 
1986, you received nonjudicial punishment (NJP) for wrongful possession ofanother individual's 
military identification card card. On 14 April 1988, you received NJP for destruction ofproperty 
in the approximate amount of$800. On 9 May 1989, you tested positive for cocaine during a 
urinalysis. Although your administrative discharge documentation was not in your record, based 
on entry in your medical records, you were discharged in lieu ofa trial by court-martial. On I 
November 1989, you were discharged with an other than honorable characterization of service. 

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. 
The Board, in its review ofyour entire record and application, carefully weighed your desire to 
upgrade your discharge and contention that you were told you would receive a general under 
honorable conditions discharge. The Board concluded these factors were not sufficient to warrant 
relief in your case given your drug related misconduct and your separation in lieu of courtmartial. 
Additionally, there is no evidence in your record, and you submitted none, to support 
your contention. 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. New evidence is evidence not previously considered by the Board. 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 of an official naval record, the burden is on the 
applicant to demonstrate the existence ofprobable material error or injustice. 

Sincerely, 


Executive Director