DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 
Docket No: 5100-17 
OCT 10 2017 

Dear

This is in reference to your application for correction of your naval record pursuant to the provisions oftitle JO ofthe 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 three­member panel of the Board for Correction ofNaval Records, sitting in executive session, considered your hpplication on 17 July 2017. The names and votes oftht 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 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 began a period of active duty in Navy on 17 July 1997. You served without disciplinary incident for nearly one year. On 22 May 1998, you received nonjudicial punishment (NJP) for wrongful use ofmarijuana and received reduction in rank, forfeiture ofpay, 45 days extra duty, and 45 days restriction. You received a second NJP on 18 June 1998, for five specifications of failing to go to your appointed place ofduty. You were notified ofadministrative separation proceedings against you on 15 July 1998, on the basis of a pattern of misconduct and drug abuse. On 23 July 1998, an administrative separation board fouRd by a vote of3 to 0 that you committed misconduct and recommended separation with an other than honorable characterization ofservice. On 8 September 1998, Commanding Officer,              . 
recommended upholding the recommendation of the administrative separation board with an other than honorable characterization. You were discharged from the Navy on 22 September 1998, with an other than honorable characterization ofservice. 

The Board considered your request for an upgrade to your discharge characterization. When making its determination, the Board considered your statement that you "did not inhale" the marijuana. 

After careful and conscientious consideration of the entire record, the Board found the evidence submitted was insufficient to establish the existence of probable material or injustice. The Board carefully weighed all potentially mitigating factors, such as your statement that you "submit the true fi ndings of the CO" and infer that your commanding officer found that you did not wrongfully use drugs while on active duty. The Board found that these factors were not sufficient to warrant recharacterization ofyour discharge given that the administrative separation board found that you committed the misconduct ofdrug abuse and that Commanding Officer, concurred with the findings of the board. Accordingly, your application has been denied. 

It is regretted that the circumstances of your 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 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 Dirtector