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

Ref: Signature date

Dear

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 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 February 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, as well as 
applicable statutes, regulations, and policies.

You were granted a pre-service drug waiver for enlistment in a program leading to assignments 
in submarines. You enlisted in the Navy and began a period of active duty on 27 January 1986. 
You served for four years and four months without disciplinary incident but, during the period of 
5 June 1990 to 25 June 1990 you received nonjudicial punishment (NJP) on two occasions.
Your offenses were wrongful use of amphetamines/methamphetamines and marijuana as well as 
failure to go to your appointed place of duty.  You were evaluated by a medical officer on
4 June 1990 and determined not to be drug dependent. Subsequently, you were notified of 
pending administrative separation by reason of misconduct due to drug abuse at which time you 
consulted with counsel and waived your right to present your case to an administrative discharge 
board. Your commanding officer recommended discharge under other than honorable conditions 
by reason of misconduct due to drug abuse. The discharge authority approved the 
recommendation and directed separation under other than honorable conditions by reason of 
misconduct and on 20 July 1990, you were discharged.

The Board carefully weighed all potentially mitigating factors, including your contention that 
you were never counseled nor was any attempt made to rehabilitate your behavior. The Board 
concluded these factors were not sufficient to warrant relief in your case because of the 
seriousness of your misconduct that resulted in two NJPs, and wrongful drug use in light of the 
Navy's policy of "zero tolerance." In regard to your contention, the Board relies on a 
presumption of regularity to support the official actions of public officers, and in the absence of 
substantial evidence to the contrary, the Board will presume that public officers have properly 
discharged their official duties. Regulatory guidelines state a command is under no obligation to 
send a servicemember to drug rehabilitation treatment unless it was determined, by competent 
medical authority, that the servicemember is drug dependent. The Board in its review discerned 
no material error or injustice in the discharge.

It is regretted that the circumstances of your case are such that favorable action cannot be taken. 
You are entitled to have the Board reconsider its decision upon submission of new matters. New 
matters are those not previously presented to or 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,

5/21/2019

Executive Director