DEPARTMENT OF THE NAVY 

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

Docket No: 2962-16 
APR 17 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 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 23 January 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. 

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 served honorably in the Navy for seven years before beginning a subsequent period of 
active duty in the Navy on 10 June 1986. Your record indicates 43 days oftime lost between 31 
July 1986, and 7 December 1986. Additionally, on 2 December 1986, you missed the sailing of 
the when it conducted exercises off the coast of . On 15 December 
1986, you received nonjudicial punishment (NJP) for wrongful use ofcocaine, and were awarded 
three days confinement with bread and water. Administrative discharge proceedings were 
initiated against you on the basis of a pattern of misconduct. You waived your right to appear 
before an administrative discharge board (ADB) and were discharged on 31 December 1986 with 
an other than honorable characterization of service (OTH), and assigned an RE-4 reentry code. 

The Board considered your statement that at the time ofyour discharge you were dealing with 
alcoholism and addiction. You further state that following your discharge, you completed 
treatment and have remained sober for multiple years. You have been employed at Veterans 
Affairs since 1998, and are a productive member of society. 

The Board, in its review ofyour entire record and application, carefully weighed all potentially 
mitigating factors, such as your post-service conduct and your commitment to rehabilitation. 
However, the Board found that these factors were not sufficient to warrant recharacterization of 
your discharge given the seriousness ofyour misconduct and your multiple absences during your 
six-month period ofenlistment from June to December 1986. Furthermore, the Board noted that 
you missed ship's movement and were found guilty at NJP ofwrongful use ofa controlled 
substance. Additionally, the Board also noted that the record shows that you were notified of 
and waived your procedural right to present your case to an ADB. In doing so, you gave up your 
first and best opportunity to advocate for retention or a more favorable characterization of 
service. Finally, there is no provision offederal law or in Navy regulations thatallows for a 
discharge upgrade, recharacterization of service, or a change in a reentry code due solely to the 
passage oftime. Accordingly, your application has been denied. 

It is regrettable that the circumstances ofyour case are such that favorable action cannot be taken 
at this time. You are entitled to have the Board reconsider its decision upon submission ofnew 
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 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 ofprobable material error or injustice. 

Sincerely, 


Executive Director