DEPARTMENT OF THE NAVY 

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

Docket No: 8621-16 
NOV 29 2017 

Dear 

This is in reference to your application for correction ofyour 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 application on its merits. A threemember 
panel ofthe Board for Correction ofNaval Records, sitting in executive session, 
considered your application on 14 November 2017. 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 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 4May1981. On 18 March 1985, you received non-judicial 
punishment (NJP) for wrongful use of marijuana. Subsequently, you were notified ofpending 
administrative separation action by reason ofmisconduct due to drug abuse. You elected to 
consult with legal counsel and subsequently requested an administrative discharge board (ADB). 
The ADB found that you committed misconduct due to drug abuse and recommended you 
receive an other than honorable (OTH) discharge. The separation authority concurred and 
directed an OTH discharge by reason of misconduct. On 3 May 1985, you were discharged with 
an other than honorable characterization of service. 

After careful and conscientious consideration of the 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 your desire to upgrade 
your discharge and contention that your discharge was unjust because it was based on one 
incident out offour years of service. 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 persuaded by the 
contention that your discharge was based on one incident out of four years ofservice. The Board 
noted that a Sailor's service is characterized at the time ofdischarge 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 of an official naval record, the 
burden is on the applicant to demonstrate the existence ofprobable material error or injustice. 

Sincerely, 


Executive Director