DEPARTMENT OF THE NAVY 

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

 Docket No: 8895-17 
Ref: Signature date 


Dear 
This is in reference to your application for correction of your naval record pursuant to Title 10, 
United States Code, Section 1552. After careful and conscientious consideration of the entire 
record, the Board found the evidence submitted was insufficient to establish the existence of 
probable material error or injustice. Consequently, your application has been denied. 

Although your application was not filed in a timely manner, the Board found it in the interest of 
justice to waive the statute of limitations and consider your application on its merits. A three-
member panel of the Board for Correction of Naval Records, sitting in executive session, 
considered your application on 28 January 2019. The names and votes of the 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 of this 
Board. Documentary material considered by the Board consisted of your application, together 
with all material submitted in support thereof, relevant portions of your naval record, as well as 
applicable statutes, regulations and policies. 

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. 

On 9 December 1981, you reenlisted in the Navy after serving over two years of honorable 
service. During the period from 22 March 1982 to 7 October 1983, you received three 
nonjudicial punishments (NJP’s) for unauthorized absence, two instances of possessing 
marijuana, possessing drug paraphernalia, and wrongful use of marijuana. Subsequently, 
administrative discharge action was initiated by reason of misconduct due to drug abuse. After 
being afforded all of your procedural rights, your case was forwarded to the separation authority 
for review. On 19 October 1983, the separation authority directed that you be separated for 
misconduct due to drug abuse with an OTH discharge. You received your OTH discharge on 
23 November 1983. 

The Board carefully weighed all potentially mitigating factors, such as your record of service, 
desire to upgrade your discharge, as well as the assertions that you served to the best of your 
ability, that you feel no actions were taken to give you any counseling regarding medication you 
were then taking, and that you found out later it could affect your drug test in more than one 
way. There was no information in your record or your application to give further details on your 
medication or how it potentially affected the results of your drug testing; absent such evidence 
the assertions did not sway the Board. The Board appreciated your years of honorable service, 
but there were several incidences of misconduct. The Board concluded all of these factors and 
assertions were not sufficient to warrant a change to your discharge given your three NJPs, all 
involving wrongful marijuana related misconduct. 

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. 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 of probable material error or injustice. 

Sincerely, 


Executive Director