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

Docket No: 2963-16 
MAY 08 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 threemember 
panel ofthe Board for Correction ofNaval Records, sitting in executive session, 
considered your application on 14 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. 

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 enlisted in the Navy and begin a period ofactive duty on23 January 1985. On 10 February 
1986, you received nonjudicial punishment (NJP) for wrongful use ofmarijuana. Subsequently, 
you were notified ofpending administrative separation action by reason ofmisconduct 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 other than 
honorable conditions by reason of misconduct. On28February1986, you were discharged. 

The Board, in its review ofyour entire record and application, carefully weighed all potentially 
mitigating factors, such as your letter from the office ofthe Drug Treatment Specialist and 
contention that you should have been offered a substance abuse treatment program prior to being 
discharge for a single positive urinalysis. The Board concluded these factors were not sufficient to 
warrant relief in your case given your drug related misconduct. 

In this regard, the Board concluded that the severity ofyour misconduct, which resulted in NJP and 
violation ofthe Navy's zero-tolerance drug policy, outweighed your desire to upgrade your 
discharge. The Board was not persuaded by your contention that you should have been offered a 
substance abuse treatment program prior to being discharge for a single positive urinalysis. The 
Board noted that the record shows that 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 ofservice. In the end, the 
Board determined that your misconduct was too serious to warrant upgrading 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 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 of an official naval record, the burden is on the 
applicant to demonstrate the existence ofprobable material error or injustice. 

Sincerely, 


Executive Director