DEPARTMENT OF THE NAVY 

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

Docket No: 2178-17 
AUG 22 2018 

Dear 

This is in reference to your application for correction ofyour naval record pursuant to the 
provisions of title 10 ofthe United States Code, section 1552. 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. 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 23 May 2018. The names and votes ofthe members ofthe 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, 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 5 March 1984. You served for a 
year without disciplinary incident but, during the period from 2 March 1985 to 24 April 1985; 
you received nonjudicial punishment (NJP) on two occasions. Your offenses were unauthorized 
absence from your unit for a period of seven days and wrongful use ofmarijuana. 
Subsequently, you were notified ofpending administrative separation by reason ofmisconduct 
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 conditions by reason of misconduet due to 
drug abuse. The discharge authority approved the recommendation and directed separation 
under other than honorable conditions by reason of misconduct and on 10 May 1985, you were 
discharged. 

The Board carefully weighed all potentially mitigating factors including your contention that you 
believe you and one other sailor were given NJP to be used as examples. The Board concluded 
these factors were not sufficient to warrant relief in your case because of the seriousness ofyour 
misconduct that resulted in two NJPs and wrongful drug use in light ofthe Navy's policy of 
"zero tolerance." The Board noted that you were given an opportunity to defend yourself but 
waived your procedural rights. In regard to your contention the Board relies on a presumption of 
regularity to support the official actions of public officers and, in the absence ofsubstantial 
evidence to the contrary, will presume that they have properly discharged their official duties. 
Your allegation, unsupported in the record or by submission of documentation failed to 
overcome that presumption. The Board in its review discerned no impropriety or inequity in the 
discharge. 

It is regretted that the circumstances of your case are such that favorable action carmot 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 of probable material error or injustice. 

Sincerely, 



Executive Directci'r