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

Docket No: 962-17 
JUN O3 2018 

This is in reference to your application for correction of your naval record pursuant to the 
provisions of title IO ofthe United States Code, section 1552. After careful and conscientious 
consideration ofthe entire record, the Board found the evidence submitted was insufficient to 
establish the existence ofprobable 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 April 2018. The names and votes ofthe members ofthe 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 ofthis 
Board. Documentary material considered by the Board consisted ofyour 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 7 July 1993. On 28 February 1995, you received non-judicial 
punishment (NJP) for wrongful use of a controlled substance. Subsequently, you were notified of 
your administrative separation by reason of misconduct due to drug abuse. After you waived 
your procedural rights, your Commanding Officer recommended discharge under other than 
honorable (OTH) conditions by reason of misconduct due to drug abuse. The discharge authority 
approved this recommendation and directed separation under OTH conditions. On 21 April 1995, 
you were discharged. 

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade 
your discharge and contention that your discharge was unjust because it was based on one 
incident out of 21 months of service with no adverse actions. However, the Board concluded 
these factors were not sufficient to warrant relief in your case given your misconduct. In this 
regard, the Board concluded that your misconduct and violation of the Navy's zero tolerance drug 
policy, outweighed your desire to upgrade your discharge. In regard to your contention that your 
discharge was based on one incident out of 21 months of service. The Board noted that a Sailor's 
service is characterized at the time ofdischarge based on performance during the current 
enlistment. 

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 ofan official naval record, the 
burden is on the applicant to demonstrate the existence of probable material error or injustice. 

Sincerely, 

Executive Director