DEPARTMENT OF THE NAVY 

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

Docket No: 2680-17 
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 of the 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. 

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 ofthe issue(s) 
involved. Therefore, the Board determined that a personal appearance was not necessary and 
considered your case based on the evidence ofrecord. 

Although your application was not filed in a timely manner, the Board found it in the interest of 
justice to waive the statute oflimitations and consider your application on its merits. A threemember 
panel ofthe Board for Correction ofNaval Records, sitting in executive session, 
considered your application on 25 June 2018. The names and votes of the members ofthe panel 
will be furnished upon request. Your allegations oferror and injustice were reviewed in 
accordance with administrative regulations and procedures applicable to the proceedings ofthis 
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 25July1978. During the period 
from 2 March 1979 to 5 January 1981, you received four nonjudicial punishments (NJPs) for 
four period ofunauthorized absence, two instances ofdisrespect, and failure to obey an order. 
On 18 December 1981, you were counseled and warned that further misconduct could result in 
administrative discharge action. On 15 May 1982, you were convicted by summary courtmartial 
(SCM) of larceny of government property, and the wrongful transfer of a controlled 
substance. Subsequently, administrative discharge action was initiated to separate you for 
misconduct due to drug abuse/trafficking. After being afforded all ofyour procedural rights, you 
waived your right to request that your case be heard by an administrative discharge board. Your 
case was forwarded to the separation authority, and it was directed that you receive an other than 
honorable (OTH) discharge due to drug abuse. You received an OTH discharge on 
6 July 1982. 

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade 
your discharge and your contentions that you have had an exceptional record since your 
discharge, community service work, steady employment, and are now disabled. Additionally, 
you state that your record is in error because of no representation and unlawful interrogation. 
The Board concluded these factors were not sufficient to warrant an upgrade to your discharge 
given your misconduct that resulted in four NJPs and SCM conviction for drug abuse. 

It is regretted that the circumstances ofyour 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 ofan official naval record, the burden is on the 
applicant to demonstrate the existence ofprobable material error or injustice. 

Sincerely, 


Executive Director