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

Docket No: 6239-17 
MAR 11 2019 

Dear 

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 three-member 
panel of the Board for Conrrection of Naval Records, sitting in executive session, 
considered your application on 27 November 2018. The names and votes of the members of the 
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. 

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 of the issues involved. 
Therefore, the Board determined that a personal appearance was not necessary and considered your 
case based on the evidence of record. 

You enlisted in the Navy on 16 March 1983. During the period from 1 August 1984 to 
5 January 1985, you received two non-judicial punjshments (NJP) for the following offenses: failure 
to obey a lawful order, damage to government property, two specifications of wrongful use of 
marijuana, two specifications of wrongful possession of two liberty passes, unauthorized absence 
(UA) totaling four days, absence from your appointed place of duty, and making a false official 
statement. Subsequently, you were notified of pending administrative separation action by reason 
of misconduct due to drug abuse. After you waived your rights, your commanding officer (CO) 
recommended that you be discharged by reason of misconduct due to drug abuse with an other than 
honorable (OTH) characterization of service. The discharge authority approved this 
recommendation and directed that you be separated by reason of misconduct with an OTH 
characterization of service. On l March 1985, you were discharged. 

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your 
discharge, and your contention that your decision to waive your right to an administrative discharge 
board (ADB) was uninformed and that you did so only because your CO told you that if you 
remained in the Navy, it would be very unpleasant for you. The Board, however, concluded that 
your repeated and serious misconduct outweighed your desire to upgrade your discharge. 

Jn regard to your contention that yom decision to waive your right to an ADB was uninformed and 
that you did so only because your CO told you that if you remained in the Navy, it would be very 
unpleasant for you, the Board noted that there is no evidence in yom record, and you submitted 
none, to support your contention. The Board also noted that the record shows that you were notified 
ofand, after consulting with counsel, waived your 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. 

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 of an official naval record, the burden is on 
the applicant to demonstrate the existence of probable material error or injustice. 

Sincerely, 



Executive Director