DEPARTMENT OF THE NAVY 

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

Docket No: 1690-17 
APR 08 2017 

Dear 

This is in reference to your application for correction ofyour naval record pursuant to the provisions of 
title 1O ofthe United States Code, section 1552. 

Although your application was not filed in a timely manner, the Board found it in the interest ofjustice to 
waive the statute of limitations and consider your application on its merits. A three-member panel ofthe 
Board for Correction of Naval Records, sitting in executive session, considered your application on 
15 March 2017. The names and votes ofthe members of the 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 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 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 5 November 1985. On 26 November 1985, 
you were granted a waiver for pre-service drug abuse and disavowed any future drug usage. On 
22 July 1987, you received nonjudicial punishment (NJP) for wrongful possession and use ofmarijuana. 
Subsequently, you were notified of pending administrative separation by reason ofmisconduct due to 
drug abuse and convenience ofthe government due to obesity at which time you waived your procedural 
rights to consult with legal counsel and to present your case to an administrative discharge board (ADB). 
You received a second NJP on 7 November 1988, for wrongful possession and use ofmarijuana. Your 
commanding officer recommended discharge under other than honorable (OTH) conditions by reason of 
misconduct due to drug abuse and convenience ofthe government due to obesity. The discharge 
authority directed an OTH discharge due to misconduct. You were offered in-patient treatment at a VA 
hospital prior to your separation but you refused treatment. On 17 February 1989, you were discharged. 

The Board, in its review ofyour entire record and application, carefully weighed all potentially mitigating 
factors, such as your post service conduct and claim that you used drugs to cope with the hurt and pain of 
missing a child. The Board concluded these factors were not sufficient to warrant relief in your case 
because ofthe seriousness of your misconduct that resulted in two NJPs, and wrongful drug use in light of 
the Navy's "zero tolerance" policy on drug use. Further, the Board noted that the record shows that you 
were notified of and waived your procedural right to present your case to an ADB. In doing so, you gave 
up your first and 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 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 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 ofprobable material error or iajustice. 

Sincerely, 


Executive Director