DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 895-16 JAN 03 2017 Dear This is in reference to your application for correction of your naval record pursuant to the provisions of title 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 23 September 2016. The names and votes of the members ofthe panel will be furnished upon request. Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this 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 June 1981. You served without disciplinary action until 18 December 1981, when you received nonjudicial punishment (NJP) for possession ofa controlled substance. You were counseled and notified that you were being retained in the Naval service, and warned of the consequences of further misconduct. On 10 May 1983, you were again counseled and notified of your deficiencies due to repeated tardiness, and advised ofrecommended corrective action and available assistance. You were warned that failure to adhere to the counseling/warning may be grounds for administrative separation action. On 28 December 1984 and 24 January 1985, you received NJP for three specifications ofunauthorized absence (UA) and wrongful use ofa controlled substance. A medical evaluation on 28 January 1985 found that you were not drug dependent. However, a subsequent evaluation on 20 February 1985 found that you were drug dependent. In view ofthe foregoing, on 31 January 1985, administrative separation action was initiated. You were advised ofyour rights, and elected to waive your procedural rights. Your commanding officer recommended an other than honorable (OTH) discharge by reason ofmisconduct as evidenced by your drug abuse. The discharge authority concurred with the recommendation and directed an OTH discharge, and on 12 March 1985, you were so discharged. The Board, in its review ofyour entire record and application, carefully considered your desire to upgrade your discharge. The Board also considered your contention that you requested drug and alcohol treatment but was denied by your chain of command. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization ofyour discharge, given the seriousness ofyour misconduct which resulted in three NJPs, as well as your violation ofthe retention warnings and the Navy policy of"zero tolerance" for drug abuse. With regard to your contention, the Board noted that the record shows that you were notified ofand waived your procedural rights. In doing so, you gave up your best opportunity to advocate for retention or a more favorable characterization of service. 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 decision. New evidence is evidence not previously considered by the Board prior to making its decision in 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