DEPARTMENT OF THE NAVY 

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


Docket No: 810-16 

Dear : 

This is in reference to your application for correction of your 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 case on its merits. A three-member 
panel ofthe Board for Correction ofNaval Records, sitting in executive session, considered your 
application on I November 2016. 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 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 acknowledged the U.S. Navy drug abuse policy on 17 August 1981 when you were 
completing the paperwork for enlistment. On 31 August 1981, you entered active duty and you 
reread and acknowledged all the information contained in the U.S. Navy drug abuse policy. On 
7 October 1982, you were found guilty at Non-Judicial Punishment (NJP), for a violation of 
article 86-failure to go to appointed place ofduty. On 15 December 1982, you were found 
guilty at NJP for a violation ofarticle 92 (3 specifications); possession ofdrug paraphernalia; 
possession ofmarijuana residue; and possession ofseven 20 gauge shotgun shells. On 20 
December 1982, you received a NAVPERS 1070/613 for conduct and performance deficiencies 
pertaining to drug abuse and disregarding Navy rules and regulations. On 25 January 1983, you 
were found guilty at a Summary Court-Martial for a violation ofarticle 92; selling 27 grams· of 
marijuana to a Navy Investigation Service (NIS) source; a positive urinalysis test; smoking 
marijuana; and being in an unauthorized space. As a result ofthis conviction, you were 
discharged, on 4 March 1983, with an Other Than Honorable characterization ofservice. 

The Board, in its review ofyour entire record and application, carefully weighed all potentially 
mitigating factors, such as your desire to upgrade your discharge, and your contention that you 
were unfairly used as a "pawn" in a narcotics operation. Nevertheless, the Board concluded that 
these factors were not sufficient to warrant relief in your case, given the seriousness of your 
misconduct-which resulted in numerous NJPs and an SCM. 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 of the 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 ip mind that a presumption ofregularity attaches to all ofjficial records. 
Consequently, whep applying for a correction ofan official naval record, t~e burden is on the 
applicant to demonstrate the existence ofprobable material error or injustice. 

Sincerely, 


Executive Director