DEPARTMENT OF THE NAVY 

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

Docket No: 4101-17 
AUG 28 2017 

Dear : 

This is in reference to your application for correction ofyour naval record pursuant to the 
provisions ofTitle 10, United States Code, Section 1552. 

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 three
member panel ofthe Board for Correction ofNaval Records, sitting in executive session, 
considered your application on 25 May 2017. 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, your naval record, and applicable statutes, 
regulations, and policies. 

You enlisted in the Navy and began a period ofactive duty on 22 August 1997. On 10 June 1999, 
you received nonjudicial punishment (NJP) for wrongful use ofcocaine. Your record is 
incomplete, in that it does not contain all of the documents pertaining to your administrative 
discharge. Based on your Certificate ofRelease or Discharge from Active Duty (DD Form 214), 
it appears that after being afforded all ofyour procedural rights, the separation authority directed 
separation under other than honorable (OTH) conditions by reason ofmisconduct due to drug 
abuse. You were discharged with an OTH characterization of service on 5 August 1999. 

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. 
The Board, in its review of your application, carefully weighed all potentially mitigating factors 
and your desire to upgrade your discharge to an honorable characterization of service. The 
Board considered your contentions that you fell into the wrong crowd and made a poor decision 
because you were young, impressionable, and couldn't see the long term consequences ofyour 
decisions. The Board also considered your post-service record ofbecoming a great father and a 
leader with a positive attitude. However, the Board concluded these factors were not sufficient 
to warrant relief in your case given the seriousness ofyour misconduct. The Board concluded 
the severity ofyour misconduct clearly supported the Commanding Officer's decision to process 
you administratively for an OTH discharge. Additionally, the Board noted that the record shows 
you were notified ofand waived your procedural right to present your case to an administrative 
separation board. In doing so, you gave up your first and best opportunity to advocate for 
retention or a more favorable characterization ofservice. Accordingly, your application has been 
denied. 

It is regretted that the circumstances ofyour case are 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 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 ofprobable material error or injustice. 

Sincerely, 


Executive Director