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

APR 09 2019 

This is in reference to your application for correction of your naval record pursuant to 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 mam1er, the Board found it in the interest of justice to waive the statute of limitations and consider your application on its merits. 

A three­member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 3 December 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, relevant portions of your naval record, as well as 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 issue 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 and began a period of active service on 2 July 1979. Prior to your enlistment, on 6 June 1979 you were briefed on the Navy's drug abuse policy. On 7 January 1981 , you received non-judicial punishment (NJP) for a period of unauthorized absence totaling 21 days. On 17 May 1982, you signed an acknowledgement of the Navy's zero tolerance policy. On 30 September 1983, you were convicted at a special court martial (SPCM) for selling military property, wrongful appropriation of military property, three specifications of wrongful distribution of a scheduled II controlled substance, and wrongful use of a scheduled II controlled substance. On 5 December 1983, you were notified of administrative separation, at which point you elected to consult counsel and waived review by an administrative discharge board. On 28 December 1983, the discharge authority approved your discharge with an other than honorable characterization of service. Subsequently, on 17 January 1984 you were discharged. 

The Board carefully weighed all potentially mitigating factors, such your desire to upgrade your discharge, your regret for accepting an early discharge, and the contention you were arrested for cocaine usage while unaware that you were addicted. The Board noted you were briefed on the Navy's zero tolerance policy. The Board concluded there is insufficient evidence to warrant relief in your case given your pattern of misconduct which resulted in one NJP and a SPCM. In this regard, the Board concluded the seriousness of your misconduct outweighed the other material considered. 

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