DEPARTMENT OF THE NAVY 

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

Docket No. 6255-16 
JUN 11 2017 

Dear

This is in reference to your application for correction ofyour naval record pursuant to the 
provisions oflO U.S.C. §1552. 

A three-member panel of the Board for Correction ofNaval Records, sitting in executive session, 
considered y'our application on 16 March 2017. The names and votes ofthe members ofthe 
panel will be furnished upon request. Your allegations of error and injustice were re-viewed 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. 

You enlisted in the Navy and began a period ofactive duty on 2 July 2004. On 16 February 
2005, you received nonjudicial punishment (NJP) for the offenses ofunauthorized absence (UA) 
and failure to obey a lawful order. Ofthe sentence awarded, reduction in rank and forfeiture of 
pay were suspended for 6 months. On 28 July 2005, you received second nonjudicial 
punishment for the offense ofthe wrongful use of a controlled substance -THC. Subsequently, 
on 28 July 2005, you were notified of administrative separation by reason ofmisconduct -drug 
abuse, at which time you waived your procedural rights to consult with counsel and to request an 
administrative discharge board (ADB). On 30 July 2005, you went UA, your intentions 
unknown. On 2 August 2005, you returned from UA to the command. Your Officer in Charge 
submitted your administrative separation letter to Commander, 
The Convening Authority approved and directed your discharge, and subsequently, on 2 
September 2005, your Officer in Charge discharged you by reason ofmisconduct -drug abuse 
with an other than honorable discharge. 

After careful and conscientious consideration ofthe entire record, the Board found that the 
eVidence submitted was insufficient to establish the existence ofprobable material error or 
injustice. The Board carefully weighed and considered all potentially mitjgating factors, 
including your record of service and your contention that you were wrongfully discharged, that 
since you have been discharged you have been permanently disabled from the events that you 
suffered in the Navy, that prior to your discharge your were on light limited duty, and your desire 
to upgrade your discharge. The Board concluded these factors were not sufficient to warrant 
recharacterization ofyour discharge given the seriousness of your misconduct which included 
drug use. The Board further noted that you entered the Navy with a self-admission ofpreservice 
drug use. Finally, 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 of your 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 ofprobable material error or injustice. 

Sincerely, 


Executive Director