DEPARTMENT OF THE NAVY 

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

 
Docket No: 9525-17 
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 6 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, relevant portions of 
your naval record, as well as applicable statutes, regulations and policies. 

You enlisted in the Navy and began a period of active duty on 7 December 1989. On 24 August 
1992, you received non-judicial punishment (NJP) for two specifications of wrongful use of a 
controlled substance, marijuana and LSD. Subsequently, you were notified of pending 
administrative separation action by reason of misconduct due to drug abuse, at which time you 
elected your procedural right to consult with legal counsel and to present your case to an 
administrative discharge board (ADB). The ADB found that you committed misconduct due to drug 
abuse and recommended you receive an other than honorable (OTH) character of service discharge. 
Your Commanding Officer concurred with the findings of the ADB. The discharge authority 
approved and directed an OTH character of service discharge. On 18 November 1992, you were 
discharged. 

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your 
discharge and that you have children who could use your VA benefits. The Board considered your 
contentions that your type of discharge was improper because it was a one-time thing that happened 
and because you were a vital asset to the country. The Board concluded these factors were not 
sufficient to warrant relief in your case because of the seriousness of your drug related misconduct 
in light of the Navy’s policy of “zero tolerance.” Additionally, despite a service member’s prior 
record of service, certain serious offenses, even though isolated, warrant separation from the Navy 
to maintain proper order and discipline. Uniform code of military justice article 112a is one such 
offense requiring, at a minimum, mandatory processing for an administrative separation, which 
usually results in an unfavorable character of 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, 

4/29/2019