DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 3086-16 FEB 23 2017 Dear This is in reference to your application for correction of your naval record pursuant to the provisions of 10 USC 1552. A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 30 November 2016. The names and votes of the members of the 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 of your 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 that the evidence submitted was insufficient to establish the existence of probable material error or injustice. You enlisted in the Navy and began a period of active duty on 28 October 1985. Between the periods of 28 January l 987and 12 March 1988, you received three separate nonjudicial punishments (NJP) for offenses including failure to obey a lawful regulation, failure to obey a lawful order (three specifications), possession ofa controlled substance, and assault consummated by a battery. On 25 March 1988, you were convicted by a summary court-martial (SCM) for the offenses ofviolating Article 117 (provoking speeches or gestures), Article 128 (assault) and Article 134. Between 29 April 1988 and 31 July 1989, you received two additional nonjudicial punishments for the offenses ofunauthorized absence, and wrongful use of a controlled substance (marijuana). On 3 August 1989, your Commanding Officer notified you that you were being processed for an administrative separation by reason ofmisconduct due to a pattern of misconduct, misconduct due to the commission of a serious offense, and misconduct due to drug abuse, at which time you waived your rights to consult with counsel and present your case to an administrative discharge board (ADB). The separation authority directed you to be discharged by reason of misconduct due to drug abuse with a characterization of service ofother than honorable (OTH). Subsequently, on 20 October 1989, you were discharged from the Navy with an OTH characterization ofservice and assigned a reentry code of RE-4. The Board, in its review ofyour record and application, carefully weighed all potentially mitigating factors, such as your contention that you used THC to stop the pain in your lower back, and your desire to upgrade your discharge. The Board concluded these factors were not sufficient to warrant recharacterization of your discharge given the seriousness of your pattern of drug-related and other misconduct which resulted in multiple NJPs and a SCM conviction. The Board further noted that you entered the Navy with a self-admission ofpre-service drug use and conviction. Finally, 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. Accordingly, your application has been denied. It is regretted that the circumstances of your case are such that favorable action cannot be taken. You are entitled to have the Board reconsider its decision upon submission ofnew 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 this case. 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 of probable material error or injustice. Sincerely, Executive Director