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


Docket No: 6314-17 
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 Correction 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. 

You enlisted in the Navy on 26 March 1996. According to the information in the record, on 23 July 
1998, you returned from a one-day unauthorized absence (UA). During the period from 23 
September 1998 to 14 February 2000, you received three non-judicial punishments (NJP) for failure 
to go to your appointed place of duty, wrongfully drinking alcohol prior to training, UA for nine 
hours, and wrongful use of a controlled substance.  Subsequently, you were notified of processing 
for administrative separation 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 23 March 2000, you were discharged. 

The Board relies on a presumption of regularity to support the official actions of public officers and, 
in the absence ofsubstantial evidence to rebut the presumption, to include evidence submitted by a 
petitioner, the Board presumed that you received the required counseling and were properly 
discharged from the Navy. 

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your 
discharge, as well as your contention that you were under stress due to your father's death and 
therefore should have received counseling instead of being discharged. The Board, however, 
concluded that your violation of the Navy's "Zero Tolerance" drug policy and your other 
misconduct outweighed your desire to upgrade your discharge. 

The Board was sympathetic to your circumstances but noted that there is no evidence in your 
record, and you submitted none, to support your contention that you were under stress but were 
never offered or provided counseling. 

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