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

Docket No: 8583-16 
OCT 12 2017 

Dear 

This is in reference to your application for correction of your naval record pursuant to the provisions of title 10 of the 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 three­rnember panel of the Board for Correction ofNaval Records, sitting in executive session, considered your application on 3 August 2017. The names and votes of the 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 and began a period of active duty on 30 June 1982. You served for about nine months without disciplinary incident, but during the period from 25 March 1983 to 9 October 1987, you received nonjudicial punishment (NJP) on five occasions. Your offences were insubordinate conduct toward a noncommissioned officer, failure to obey a lawful regulation, damaging government property, wrongful possession of a civilian clothes chit, and wrongful use of cocaine. Subsequently, you were notified of pending administrative separation by reason of misconduct 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 this recommendation and directed separation under other than honorable conditions by reason of misconduct and on 25 November 1987, you were so discharged. 

After careful and conscientious consideration of the entire record, the Board found the evidence submitted was insufficient to establish the existence of probable material error or injustice. The Board carefully weighed all potentially mitigating factors and your contention that the characterization ofyour discharge was upgraded to honorable years ago. The Board concluded these factors were not sufficient to warrant relief in your case because ofthe seriousness ofyour repeated misconduct that resulted in five NJPs and wrongful drug use in light of the Navy's policy of "zero tolerance." Further, you were given an opportunity to defend your actions, but waived your procedural rights. In regard to your contention the Board noted there is no evidence in your record that your characterization was changed to honorable and you did not provide any evidence to support your contentions. Accordingly, your application has been denied. 

It is regretted that the circumstances of your 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 of regularity 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