DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 
 
Docket No. 195-17 
JUL 05 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 ofthe Board for Correction ofNaval Records, sitting in executive session, 
considered your application on 9 April 2018. The names and votes of the members of the panel 
will be furnished upon request. Your allegations oferror 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 and began a period of active duty on 20 December 1982. On 21 
December 1982, you signed an acknowledgement confirming that you viewed an entrance video 
on the Navy's zero tolerance drug abuse policy. During the period of 15 October 1984 and 2 
August 1985, you received non-judicial punishments (NJP) on two occasions. Your offenses 
consisted of unauthorized absence for leaving appointed place of duty, attempt to sleep in 
berthing during working hours and wrongful possession of marijuana. Subsequently, you were 
notified of pending administrative separation by reason of misconduct due to drug abuse at 
which time you waived your procedural rights to consult with legal counsel and to present your 
case to an administrative discharge board (ADB). Your Commanding Officer recommended 
discharge under other than honorable (OTH) conditions in light ofthe Navy's zero tolerance 
drug abuse policy. The discharge authority directed an OTH discharge due to misconduct of 
drug abuse. On 15 August 1985, you were discharged with an OTH by reason of misconduct 
due to drug abuse. 

The Board, in its review ofyour record and application with supporting documentation, carefully 
weighed all potentially mitigating factors, such as your desire to upgrade your character of 
service and your request for clemency on the basis ofpost service good conduct. You contend 
that you have held the same position for 30 years at a drug free company that requires a periodic 
background check in order for you to be cleared to have a commercial driver's license. The 

Board concluded that your contentions were not sufficient to warrant relief in your case because 
ofthe seriousness of your misconduct which resulted in two NJPs, including one for wrongful 
drug use in violation ofthe Navy's policy of zero tolerance 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. Finally, there is no provision of law or 
in Navy regulations that allows for re-characterization ofservice due solely to the passage of 
time with post service good conduct. 

It is regretted that the circumstances ofyour case are such that favorable action cannot be taken 
at this time. You arc entitled to have the Board reconsider its decision upon the submission of 
new and material evidence. Nc\V 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 of an official naval record, the 
burden is on the applicant to demonstrate the existence ofprobable material error or injustice. 

Sincerely, 

Executive Director