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


Docket No: 288-1 6 
DEC 2 0 2016 

This is in r ference to your application for correction ofyour naval record pursuant to the provisions of title 10, United States Code, section 1552. 

Although . our application was not filed in a timely manner, the Board found it in the interest of justice to aive the statute oflimitations and consider your application on its merits. 
A three-~ember panel of the Board for Correction ofNaval Records, sitting in executive session, considere your application on 30 August 2016. The names and votes of the members of the panel will be fu nished upon request. Your allegations oferror and injustice were reviewed in accordance with adm nistrative regulations and procedures applicable to the proceedings of this Board. Docume ary material considered by the Board consisted of your application, together with all material ubmitted in support thereof, your naval record, and applicable statutes, regulations, and policies. 

After c ful and conscientious consideration of the entire record, the Board found the evidence was insufficient to establish the existence of probable material error or injustice. You en! sted in the Navy, began a period of active duty on 9 July 1992, and served 15 months 
without disciplinary incident. On 26 October 1993, you received nonjudicial punishment (NJP) for wrong l use ofmarijuana and making a false official statement. ently, administrative discharge action was initiated by reason of misconduct due to drug 
abuse. fter you waived your procedural rights, your commanding officer recommended discharge under her than honorable (OTH) conditions by reason of misconduct due to drug abuse. The dischar e authority approved this recommendation and directed separation under other than honora le conditions by reason of misconduct. On 31 December 1993, you were so discharged. 

The B ard, in its review of your entire record and application, carefully weighed all potentially mitigat ng factors such as your desire to upgrade your discharge and your contention that you were depres ed but you worked hard, like your shipmates, during the Gulf War and one mistake should 't cause you to lose your benefits. Nevertheless, the Board concluded these factors were not suffici nt to warrant relief in your case given the seriousness ofyour drug-related misconduct. In this re ard, the Board concluded the severity ofyour misconduct outweighed your desire to upgrade your discharge and clearly supported the commanding officer's decision to issue you an OTH discharge. The Board noted that the record shows 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. Accordingly, your application has been denied. 

It is regretted that the circumstances of your case are such that favorable action cannot be taken. You are entitled to have the Board reconsider its decision upon submission of new and material evidence within one year from the date of the 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 of regularity 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 of probable material error or injustice. 

Sincerely, 

Executive Director