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 for Correction of Naval Records (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 case on its merits. A three-member 
panel of the Board for Correction of Naval Records, sitting in executive session, considered your 
application 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. 

A review of your record shows that you entered active duty with the Navy on 
However, prior to your enlistment in the Navy, you were psychiatrically hospitalized from 
for alcohol dependence, cannabis dependence, cocaine abuse, mixed drug abuse, affective disorder, and mixed personality disorder. Upon entered the Navy, you volunteered and qualified for But on you left your unit without authorization and remained away until During mental health 
evaluations on admitted to a long preservice history of drug abuse and in-service drug abuse. As a result, non-judicial punishment was imposed on you for unauthorized absence and wrongful use of marijuana on Non-judicial punishment was again imposed on you for breaking restriction on 
You were notified of administrative separation processing on for your misconduct resulting in your discharge on with an Other than Honorable characterization of service. The Naval Discharge Review Board denied your request for an upgrade to your characterization of service on 

The Board carefully considered your arguments that you deserve an upgrade to your characterization of service. You point out that you volunteered and qualified for while on active duty. Unfortunately, the Board disagreed with your rationale for relief. The Board concluded your characterization of service remains appropriate in light of the seriousness of your misconduct and your fraudulent enlistment in the Navy. The states that an Under Other than Honorable characterizations are appropriate for servicemembers involved in conduct “involving one or more acts of omissions that constitute a significant departure from the 

conduct expected of members of Naval Service.” Specific examples of such conduct include 
drug abuse, extended unauthorized absence, and offenses punishable by punitive discharges 
under the Uniform Code of Military Justice. So despite the fact you volunteered for 
training, the Board concluded that your eight-day unauthorized absence during which you 
wrongfully used controlled substances was strong evidence of misconduct that “constituted a 
significant departure from the conduct expected of members of Naval Service.” The fact you 
committed multiple offenses that are listed as specific examples of qualifying misconduct for an 
Other than Honorable characterization of service was especially persuasive evidence that you 
were appropriately assigned an Other than Honorable characterization of service. The Board 
also liberally considered whether your mental health condition should form the basis for relief in 
your case but concluded it should not based on strong evidence you fraudulently entered the 
Navy with preexisting mental health conditions and an extensive history of drug abuse. The 
Board felt strongly that you should not benefit from fraud you perpetrated on the Navy and be 
granted an upgrade to your characterization of service based on a preexisting mental health 
diagnosis you purposefully withheld from the Navy during your enlistment process. 
Accordingly, the Board found insufficient evidence of error or injustice to warrant a change to 
your record. 

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, 
which will require you to complete and submit a new DD Form 149. 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.