DEPARTMENT OF THE NAVY 

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

Docket No: 8422-16 
FEB 03 2017 

Dear 

This is in reference to your application for correction of your 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 aud consider your application on its merits. A threemember 
panel ofthe Board for Correction ofNaval Records, sitting in executive session, 
considered your application on 18 November 2016. The names and votes ofthe members of the 
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 enlisted in the Navy and began a period of active duty on 16 November 1992. You served 
without disciplinary incident until 3 April 1993, when you received nonjudicial punishment for 
wrongful use ofa controlled substance. As a result ofthe foregoing, administrative discharge 
action was initiated. After being afforded all ofyour procedural rights, you waived your right to 
consult with counsel, appear before an administrative discharge board, and to submit a statement. 
Shortly thereafter, the separation authority directed an Other Than Honorable (OTH) conditions 
discharge by reason ofmisconduct due drug abuse. On 11 May 1993, you were so discharged. 

The Board, in its review ofyour entire record and application, carefully weighed all potentially 
mitigating factors, such as your desire to upgrade your character ofservice and your assertion 
that your OTH discharge is too harsh ofa penalty. The Board concluded these factors were not 
sufficient to warrant reliefin your case because ofthe seriousness ofyour misconduct that 
resulted in wrongful drug use in light ofthe Navy's policy of "zero tolerance". 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 ofthe Board's. New evidence is evidence not previously 
considered by the Board prior to making its decision your case. 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