DEPARTMENT OF THE NAVY 

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

Docket No: 2873-16 

Dear 

This is in reference to your application for correction ofyour naval record pursuant to the 
provisions of Title 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 oflimitations and consider your application on its merits. A threemember 
panel ofthe Board for Correction ofNaval Records, sitting in executive session, 
considered your application on 8 December 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 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 ofprobable material error or injustice. 

You reenlisted in the Navy on 24 July 1999 and served almost 44 months without disciplinary 
incident. On 18 March 2003, you received nonjudicial punishment (NJP) for wrongful use of 
cocaine. 

Subsequently, administrative discharge action was initiated by reason of misconduct due to drug 
abuse. After you waived your procedural rights, your commanding officer recommended discharge 
under other than honorable (OTH) conditions by reason ofmisconduct due to drug abuse. The 
discharge authority approved this recommendation and directed separation under OTH conditions by 
reason ofmisconduct. On 11 April 2003, you were so discharged. 

The Board, in its review ofyour entire record and application, carefully weighed all potentially 
mitigating factors such as the death of your father, your brother, and your aunt that raised you. The 
Board also weighed your desire to upgrade your discharge and your contentions that your command 
did not support you during these emotional times, that the morale on your ship was the worst you 
had experienced, and your thoughts of suicide pushed you to use cocaine plus Tylenol 3. 
Nevertheless, the Board concluded these factors were not sufficient to warrant relief in your case 
given the seriousness of your drug-related misconduct. In this regard, the Board concluded the 
severity ofyour misconduct outweighed your desire to upgrade your discharge and clearly 
supported the commanding officer's decision to issue you an OTH discharge. The Board noted that 
the record shows you were notified ofand waived your procedural right to present your case to an 
administrative board (ADB). In doing so, you gave up your first and best opportunity to advocate 
for retention or a more favorable characterization of service. Additionally, there is no evidence in 
the record, and you provided none, to support your contention that you did not receive support from 
your command. Further, your contention you used cocaine in a suicide attempt differs from the 
statement you provided at the time ofyour NJP. 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 Bbard reconsider its decision upon submission ofnew and material 
evidence within one year frorrl the date ofthe Board's decision. New evidence is evidbnce 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 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 ofprobable material error or injustice. 

Sincerely, 


Executive Director