DEPARTMENT OF THE NAVY 

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

Docket No: 938-16 
JAN 0 3 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 27 September 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 of the 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 14 March 1989. During the period 
from 20 July 1989 to 13 April 1990, you received two nonjudicial punishments (NJP) for 
unauthorized absence for three days, failure to obey a lawful order, and 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 conditions (OTH) by reason ofmisconduct due 
to drug abuse. The discharge authority approved this recommendation and directed separation under 
other than honorable conditions by reason ofmisconduct. On 3 July 1990, 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 discharge and contention that you were 
immature at the time ofyour discharged. The Board also noted your family's history ofserving our 
country, which is honorable. 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 drug use, which 
resulted in NJP and an OTH, outweighed your desire to upgrade your discharge. The Board was 
also not persuaded by your contention that you were immature at the time of your discharge. The 
Board noted that the record shows that you were notified of and waived your procedural right to 
present your case to an administrative board (ADB). 
In doing so, you gave up your first and best opportunity to advocate for retention or a more 
favorable characterization ofservice. In the end, the Board determined that your misconduct was 
too serious to warrant upgrading your discharge. 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 of an official naval record, the burden is on the 
applicant to demonstrate the existence ofprobable material error or injustice. 

Sincerely, 


Executive Director