DEPARTMENT OF THE NAVY 

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

Docket No: 8382-16 
NOV 28 2017 

Dear : 

This is in reference to your application for correction ofyour naval record pursuant to the 
provisions oftitle 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 of the Board for Correction ofNaval Records, sitting in executive session, 
considered your application on 4 October 2017. The names and votes of the 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 of your application, together 
with all material submitted in support thereof, relevant portions ofyour naval record and 
applicable statutes, regulations and policies. 

Prior to your enlistment you were granted a waiver for pre-service drug use. You enlisted in the 
Navy and began a period of active duty on 1February1983. While stationed onboard the 
you were identified as drug dependent and referred to the Naval Drug 

Rehabilitation Center (NDRC) for intensive residential treatment and retraining. On 6 July 1984, 
you were admitted to NDRC, during your mental health evaluation you stated in part that you 
began using marijuana at age 15, you used alcohol three to four times weekly from 1979 to 1984, 
marijuana monthly from 1979 to 1982 and that you also use phencyclidine (PCP), hallucinogens 
and amphetamines. During your admission your attitude was negative toward continued military 
service and did not perform satisfactorily in the treatment program. You assessed not to be 
currently drug dependent but due to your lack ofprogress and based on clinical observation you. 
were not recommended for retention. 

On 26 September 1984, you received nonjudicial punishment (NJP) for failure to go to your 
prescribed place of duty, willfully disobeying a lawful order from a commissioned officer and 
wearing an unauthorized insignia. Subsequently, you were notified ofpending administrative 
separation by reason ofalcohol rehabilitation failure, at which time you waived your procedural 
rights to consult with legal counsel and to present your case to an administrative discharge board. 
Your commanding officer recommended discharge under honorable conditions by reason of 
alcohol rehabilitation failure. The discharge authority approved this recommendation and 
directed separation under honorable conditions by reason of alcohol rehabilitation failure, and on 
26 November 1984, 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, in its review ofyour entire record and application, carefully weighed all potentially 
mitigating factors such as your post service conduct, you want to clear your reputation for your 
children and your contentions that you had a negative experience with your superiors, you were 
forced out ofthe Navy instead ofbeing transferred to another command, your reason for 
discharge (Failure ofAlcohol Rehabilitation) was erroneous, you were placed in drug 
rehabilitation program despite the fact that you never had a drug habit or tested positively, and 
your discharge precludes you from receiving a security clearance. The Board found that these 
factors were not sufficient to warrant relief in your case because ofyour misconduct which 
resulted in an NJP and your inability to comply with the requirements ofthe alcohol 
rehabilitation program. Additionally, the Board noted that your service record contradicted your 
contentions and clearly reflected your conduct during your time in the Navy. Further, you were 
given an opportunity to defend your actions, but waived your procedural rights. 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