DEPARTMENT OF THE NAVY 

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

Docket No: 0420-16 
JAN 03 2017 

Dear 

This is in reference to your application for correction of your naval record pursuant to the 
provisions oftitle 1O 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 of the Board for Correction ofNaval Records, sitting in executive session, 
considered your application on 28 September 2016. The names and votes ofthe 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 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 began a period ofactive duty on 2 June 1982. On 19July1984, 
you received nonjudicial punishment (NJP) for the wrongful use of a controlled substance 
(marijuana) and the wrongful possession of a controlled substance (marijuana). As a result of the 
foregoing, you were notified ofadministrative separation, at which time you waived your right to 
consult with counsel and to present your case to an administrative discharge board (ADB). The 
Commanding Officer recommended administrative discharge with an other than honorable 
(OTH) discharge for a pattern ofmisconduct due to drug abuse. The discharge authority 
approved this recommendation and directed discharge by reason of misconduct due to drug 
abuse with an OTH discharge. On 23 January 1985, you were so discharged. 

The Board, in its review ofyour record and application, carefully weighed all potentially 
mitigating factors, such as your post-service career .as a police officer and desire to change your 
characterization of service for your own personal satisfaction. Nevertheless, the Board 
concluded these factors were not sufficient to warrant relief in your case because ofthe 
seriousness ofyour drug-related misconduct. The Board also noted that in the Commanding 
Officer's separation recommendation letter, you apparently tested positive again for a controlled 
substance during a command-directed urinalysis test on 24 October 1984. Additionally, the 
Board noted that the record shows that you were notified ofand 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 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