DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 7793-18 Ref: Signature Date 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 application on its merits. A three-member panel of the Board, sitting in executive session, considered your application on 14 August 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 enlisted in the Navy and began a period of active duty on 3 October 1980. On 8 October 1981, you received nonjudicial punishment (NJP) for wrongfully being in the presence of marijuana. On 21 September 1982, you were convicted by summary court-martial (SCM) of unlawful entry and larceny. On 10 January 1983, you again were convicted by SCM of wrongfully being in female berthing, unauthorized absence, two specifications of wrongfully using marijuana, methamphetamine and amphetamine. Subsequently, you were notified of pending administrative separation action, at which time you waived your right to consult with legal counsel and to present your case to an administrative discharge board (ADB). The commanding officer (CO) recommended that you be discharged with an other than honorable (OTH) characteriation of service. The separation authority approved the CO’s recommendation. On 20 June 1983, you were discharged with an OTH characterization of service. The Board carefully considered your request to upgrade your discharge. The Board considered your contentions that you only accepted the type of discharge you were given because you were very young and naïve; had you known the long-term implications and negative side effects of your type of discharge, you never would have accepted it. You believe at the time of your discharge you were too young and naïve to understand what the future repercussions might be and you still feel that your service was in no way dishonorable. Additionally, in the past, you struggled with addiction, severe anxiety, chronic pain and now you are somewhat disabled because of those situations. The Board also considered the character letters submitted on your behalf. The Board concluded that these factors were not sufficient to warrant relief because of the seriousness of your repeated misconduct that resulted in NJP and two SCMs including drug-related misconduct. Accordingly, the Board discerned no material error or injustice 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. 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. Sincerely, 10/4/2019