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

Docket No: 8404-17 
APR 23 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 enor 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 24 January 2019. 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 25 November 1992. You served without a disciplinary incident 
until 29 June 1993 when you received nonjudicial punishment (NJP) for a seven (7) day 
unauthorized absence (UA) from the                              . Your record also reflects an 
arrest by                        Police for driving on a suspended license, for which you were 
found guilty of an amended charge in April 1996 of driving without an operator's license. You 
received a second JP on 20 September 1996 for both UCMJ Article 111 (Drunk Driving), and 
Article 112a (Wrongful Possession of Marijuana). On 2 October 1996 a medical evalution 
determined you to be alcohol dependent. 

On 2 October 1996, you were notified of pending administrative separation action by reason of 
misconduct due to drug abuse, and misconduct due to the commission of a serious offense. After 
you waived your procedural rights, including the right to have your case presented to an 
administrative separation board, your Commanding Officer recommended an other than 
honorable (0TH) discharge by reason of misconduct due to drug abuse and misconduct due to 
the commission of a serious offense. The discharge authority approved this recommendation. 
On 25 October 1996 you were discharged from the Navy with an 0TH characterization of 
service. 

The Board carefully weighed all potentially mitigating factors and your contentions that your 
discharge was based on one isolated incident in 4 years of service and that you had no other 
adverse actions during your service, that you received a National Defense Service Medal, letters 
of commendation and a sea service deployment ribbon, and that a discharge upgrade will allow 
you to be seen at the local VA hospital. However, the Board concluded these factors were not 
sufficient to warrant relief in your case given the seriousness of your overall misconduct. 
Additionally, the Board observed that the record directly contradicts your contention that you 
had just one incident of misconduct, and to the contrary, you went to NJP twice during your 
enlistment, and had discreditable involvement with civilian authorities. Moreover, the Board 
noted the record shows you were notified of and waived your procedural rights in connection 
with your administrative separation. 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 ofyour 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