Docket No: 10268-18 
Date: Ref Signature 

Dear  
 
This is in reference to your application of 12 October 2018 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 that 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, sitting in executive session, considered your application on 13 November 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 and began a period of active service on 2 July 1982.  On 23 May 1983, you received non-judicial punishment (NJP) for wrongful use of marijuana.  On 7 October 1983, you received NJP for four specifications of absence from your appointed place of duty.  On 11 October 1983, you were counseled regarding your frequent drug abuse violations, and you were notified that assistance was available via your drug and alcohol program advisor and your chain of command.  On 1 March 1985, you received NJP for larceny.  As a result of the foregoing, on 18 March 1985, you were notified of the initiation of an administrative action to separate you from the naval service by reason of misconduct due to the commission of a serious offense, at which point, you waived your right to consult with counsel and your right to present your case to an administrative discharge board.  You submitted a statement concerning the recommendation for administrative discharge.  On 18 April 1985, your commanding officer recommended your discharge by reason of misconduct due to the commission of a serious offense.  On 7 May 1985, the discharge authority approved and directed an other than honorable (OTH) characterization of service.  You were discharged on 24 May 1985. 
 
The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge and contention you were not afforded treatment or rehabilitation for your drug problem.  The Board noted you were counseled regarding the availability of assistance for your substance abuse.  Additionally, the Board noted you were discharged as the result of the commission of a serious offense and found no evidence that your misconduct was a result of substance abuse.  The Board concluded that the severity of your repeated misconduct outweighed your current desire to upgrade your 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 the 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.