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

Docket No. 1615-17 
OCT 09 2017 

Dear

This is in reference to your application for correction of your naval record pursuant to the 
provisions of 10 USC 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 case on its merits. A three-member panel ofthe Board for Correction ofNaval Records, sitting in executive session, considered your application on 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 ofyour application, together with all material submitted in support thereof, relevant portions of your naval record and applicable statutes, regulations and policies. 

A review ofyour record shows that you entered active duty with the Navy in August 1982 and successfully completed an enlistment with an Honorable discharge in 1988. You immediately reenlisted and later struggled with drug addiction in 1991. Non-judicial punishment was imposed on you on 7 May 1991 for unauthorized absence. Later, you twice tested positive for cocaine resulting in another non-judicial punishment for wrongful use ofdrugs. This led to your administrative separation processing for drug abuse and discharge on 3 October 1991 with an Other than Honorable characterization of service. You record also shows that you sought mental health treatment after testing positive for cocaine and were diagnosed with an adjustment disorder and substance abuse on 12 August 1991. You were later screened as part ofthe Drug and Alcohol Program on 15 August 1991 and determined to suffer from reactive depression and psychological dependence on drugs. 

The Board carefully considered your arguments that you deserve a disability discharge and upgrade to your characterization of service. You assert that you were suffering from a hip condition at the time of your discharge. Unfortunately, the Board disagreed with your rationale for relief. First, the Board determined you were mentally responsible for your misconduct. There was no medical evidence that you lacked mental competency or were not criminally 
responsible for your actions. Second, since the Board determined you were mentally responsible for your misconduct, they concluded you were properly processed for misconduct vice disability. Disability regulations required that misconduct processing supersede disability processing. So even ifthere was evidence you suffered from a qualifying disability, you would not have been eligible for disability processing. Third, the Board determined that your characterization of service is appropriate based on the seriousness ofyour misconduct. The two incidents ofcocaine use, considering the Navy's zero tolerance policy on drug use, was too aggravating to overlook. Those two incidents ofwrongful drug use combined with your period of unauthorized absence was sufficient evidence to support your Other than Honorable characterization ofservice. Finally, the Board was unable to find sufficient evidence in your record or application to support a finding ofrelief based on an argument ofinjustice. Despite your post-discharge history of difficulties and your current situation that appears to be favorable, the Board determined this was insufficient mitigation evidence to warrant overturning the Navy's decision that was based on serious misconduct. Accordingly, the Board was unable to find an error or injustice warranting a correction to your record and denied your application. 

Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issue(s) involved. Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 

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 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