DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 
Docket No: 5955-16 
JUL 27 2017 


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 31 May 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 of this 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. 

You enlisted in the Navy and began a period of active duty on 3 October 1989. You served for about seven months without disciplinary incident, but on 4 May 1990, you received nonjudicial punishment (NJP) for unauthorized absence from your unit for a period ofseven days and wrongful use ofcocaine. Subsequently, you were notified ofpending administrative separation by reason ofmisconduct due to drug abuse at which time you waived your procedural rights to consult with legal counsel and to present your case to an administrative discharge board (ADB). Your commanding officer recommended discharge under other than honorable conditions by reason ofmisconduct due to drug abuse. The discharge authority approved your commanding officer's recommendation and directed separation under other than honorable conditions by reason ofmisconduct and on 1June1990, you were discharged. 

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. The Board carefully weighed all potentially mitigating factors, such as your contention that you were young and mixed with the wrong crowd and started using drugs and fell into a deep depression. The Board concluded these factors were not sufficient to warrant relief in your case because ofthe seriousness of your misconduct that resulted in an NJP for wrongful drug use in light of the Navy's policy of"zero tolerance." Further, you were given an opportunity to defend your actions, but waived your procedural rights. In regard to your contention, that your misconduct was the result ofyour youth, the Board felt that your record clearly reflected your willful misconduct and demonstrated you were unfit for further service. Accordingly, your application has been denied. 

It is regretted 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 the submission of new 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 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 of probable material error or injustice. 

Sincerely, 

Executive Director