DEPARTMENT OF THE NAVY 

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


Docket No: 7890-16 
NOV 28 2017 

Dear 

This is in reference to your application for correction of your naval record pursuant to the 
provisions of title 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 4 October 2017. The names and votes ofthe members of the 
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 ofyour application, together 
with all material submitted in support thereof, relevant portions ofyour naval record and 
applicable statutes, regulations and policies. 

You enlisted in the Navy and began a period ofactive duty on 5 May 1986. On 30 June 1986, 
you were granted a waiver after disclosing pre-service drug abuse, you were retain and advised 
that further deficiencies in performance and or conduct may result in processing for 
administrative separation. On 19 June 1987, you received nonjudicial punishment (NJP) for 
wrongful possession and use ofmarijuana. 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 of misconduct due to drug abuse. The discharge authority 
approved the recommendation and directed separation under other than honorable conditions by 
reason ofmisconduct and on 6 August 1987, 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 desire to upgrade your 
discharge, your current discharge bars you from Department ofVeterans Affairs (DAV) benefits, 
and your contentions that you served 60 days at a reduced rank, reduced pay and extra duty, you 
were forced out ofthe Navy, no evidence was presented to you that you failed a drug screen or 
possession, and your command only had the word ofanother sailor that failed the drug screening. 
The Board concluded these factors were not sufficient to warrant relief in your case because of 
the seriousness ofyour misconduct that resulted in an NJP for wrongful drug possession and use 
in light of the Navy's policy of"zero tolerance." The Board noted that you were given an 
opportunity to defend yourself but waived your procedural rights. In regard to your contentions, 
the Board relies on a presumption ofregularity to support the official actions ofpublic officers 
and, in the absence ofsubstantial evidence to the contrary, will presume that they have properly 
discharged their official duties. According to service record your contentions are unsupported 
and your submission ofdocumentation failed to overcome that presumption ofregularity. 
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 ofan official naval record, the 
burden is on the applicant to demonstrate the existence ofprobable material error or injustice. 

Sincerely, 


Executive Director