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

                                                                               
Docket No: 6371-17  
FEB 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 10 October 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 and began a period of active duty on 23 February 1981. During the period 
from 27 October 1982 to 22 June 1984, you received non-judicial punishment (NJP) on three 
occasions for wrongful use of a controlled substance (marijuana), failure to go to your appointed 
place of duty, and wrongful use of a controlled substance (cocaine). Subsequently, you were 
notified of pending administrative separation action by reason of misconduct due to drug abuse, at 
which time you waived your procedural rights to consult with counsel and to present your case to an 
administrative discharge board (ADB). Your Commanding Officer recommended an other than 
honorable (OTH) discharge. The discharge authority directed an OTH character of service and on   
2 August 1984, you were discharged. 

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your 
discharge and your contentions that you were young at the time of service, you made mistakes, and 
you have been a productive citizen for the last 30 years. In regard to your contentions, the Board 
considered your youth as a factor in your behavior, but concluded that the seriousness of your 
misconduct, to include two drug related offenses, outweighed your current desire to upgrade your 
discharge. Additionally, while commendable, being a productive citizen of society does not alter  
your conduct while enlisted in the Navy or the basis for your discharge. After a thorough review of 
the facts and circumstances unique to your case, the Board discerned no impropriety or inequity in 
the discharge action that would warrant a change in your 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