DEPARTMENT OF THE NAVY 

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

Docket No: 8429-16 

NOV 28 1017 

Dear 

This is in reference to your application for correction ofyour naval record pursuant to the 
provisions of title 1O 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 31 October 2017. 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 of your application, together 
with all material submitted in support thereof, relevant portions of your naval record and 
applicable statutes, regulations and policies. 

You enlisted in the Navy on 5 November 1980. On 7 February 1984, you received nonjudicial 
punishment (NJP) for wrongful use ofmarijuana. Subsequently, you were notified ofpending 
administrative separation action by reason of misconduct due to drug abuse. After you waived 
your procedural rights, your Commanding Officer recommended discharge under other than 
honorable (OTH) conditions by reason of misconduct due to drug abuse. The discharge authority 
approved this recommendation and directed separation under other than honorable conditions by 
reason ofmisconduct. On 17 April 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 carefully weighed all potentially mitigating factors, such as character letters, your desire 
to upgrade your discharge and contention that your discharge was unjust because it was based on 
one incident out of41 months ofservice. However, the Board concluded these factors were not 
sufficient to warrant relief in your case given your misconduct. In this regard, the Board 
concluded that your misconduct, as evidenced by NJP and violation ofthe Navy's Zero 
Tolerance Policy, outweighed your desire to upgrade your discharge. The Board was not swayed 
by the contention that your discharge was based on one incident out of41 months of service. 
The Board noted that a Sailor's service is characterized at the time of discharge based on 
performance during the current enlistment. 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