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

Docket No: 746-16 

Dear

This is in reference to your application for correction of your naval record pursuant to the 
provisions of Title 10, 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 9 September 2016. The names and votes ofthe members ofthe 
panel will be furnished upon request. Your allegations of error 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 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 6 October 1987. On 
4 January 1990, you received nonjudicial punishment (NJP) for wrongful use ofa controlled 
substance, sodomy, and assault. In view ofthe foregoing, administrative separation action was 
initiated. You elected to waive your procedural rights and your commanding officer forwarded 
your case, recommending an other than honorable (OTH) discharge as evidenced by drug abuse 
and homosexuality. The separation authority concurred with the recommendation and directed 
that you be separated with an OTH by reason ofmisconduct as evidenced by drug abuse. On 
8 March 1990, you were so discharged. 

The Board, in its review ofyour entire record and application, carefully considered your desire to 
upgrade your characterization of service , and your contention that you were young and 
impressionable. The Board also considered your request pursuant to the Don't Ask, Don't Tell 
Repeal Act of2010. Nevertheless, the Board concluded these factors were not sufficient to 
warrant recharacterization ofyour discharge, given the seriousness of your misconduct which 
resulted in NJP. Further, the Board noted that you were not discharged due to homosexual 
conduct, but by reason ofmisconduct due to drug abuse, a violation of the Navy "zero tolerance" 
policy for drug abuse. Therefore, the Board determined that the DADT policy for discharge 
upgrades did not apply to your case. 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 and material 
evidence or other matter not previously considered by the Board within one year from the date of 
the Board's decision. 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 of an 
official naval record, the burden is on the applicant to demonstrate the existence of probable 
material error or injustice. 

Sincerely, 

Executive Director