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

Docket No. 183-17 
JUL 03 2018 

This is in reference to your application for correction of your naval record pursuant to the 
provisions of 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 threemember 
panel of the Board for Correction of Naval Records, sitting in executive session, 
considered your application on 2 April 2018. 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 and 
applicable statutes, regulations and policies. 

You enlisted in the Navy after receiving a drug waiver and began a period of active duty on 7 
July 1977. During the period from 24 March 1978 to 6 February 1979, you received two 
retention notice counseling and received nonjudicial punishment (NJP) on three occasions for 
four specifications of unauthorized absence (UA), totaling 83 days. Although available records 
lacked separation proceedings with Commanding Officer comments, it appears from the service 
record book (SRB) that you were processed for separation after receiving three NJP's within the 
same year with a pattern of being UA. In connection with this processing, you would have 
acknowledged the separation action and the separation authority would have approved a 
recommendation for separation. The record clearly shows that on 25 May 1979, you were 
discharged with an other than honorable (OTH) separation by reason of misconduct due to 
frequent involvement of discreditable nature with civil or military authorities. 

The Board in its review of your entire record and application carefully weighed all potentially 
mitigating factors, such as your contention that your misconduct is a result of being drug 
dependent and although you admit to your misconduct, you believe the Navy is also at fault 
because your recruiter and superiors were aware of your drug use and if you had received 
treatment you could remained in service. The Board concluded there was no error or injustice 
and that the reasoning for your contention was not sufficient to warrant relief in your case 
because ofyour repeated misconduct that resulted in three NJPs and four specifications of being 
UA. Further, you did not provide any evidence showing that your superiors knew of your initial 
drug use or that you requested and were denied treatment. 

It is regretted that the circumstances of your case arc 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 of probable material error or injustice. 

Sincerely, 

Executive Director