Docket No: 4387-19 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 11 June 2020. 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 9 November 1982. The record reflects that on 14 August 1983 and 4 September 1983, your urinalysis sample tested positive for cannabinoids. On 22 September 1983, you received non-judicial punishment (NJP) for two specifications of failure to go to your appointed place of duty and wrongful possession and use of marijuana. On 23 November 1983, you received your second NJP for two specifications of unauthorized absence (UA) totaling five days and breaking restriction. Again, on 14 December 1983, your urinalysis sample tested positive for cannabinoids. On 22 December 1983, you received your third NJP for an unauthorized absence totaling two days. This NJP was determined to be unavoidable and was changed to an authorized leave period. Subsequently, on 14 March 1984, you were notified of an administrative action to separate you from the naval service because of misconduct due to a pattern of misconduct and drug abuse. You were advised of and waived your procedural rights, including your right to consult with and be represented by military counsel and your right to present your case to an administrative discharge board (ADB). Your commanding officer (CO) recommended that you be administratively discharged from the naval service with an other than honorable (OTH) characterization of service by reason of misconduct due to drug abuse. The separation authority directed your administrative discharged with an OTH characterization of service by reason of misconduct due to a pattern of misconduct. On 30 March 1984, you were so discharged. On 22 September 1988, the Naval Discharge Review Board (NDRB) held a documentary review and determined that your specific reason for administrative discharge be changed to “Misconduct due to Drug Abuse-Use.” On 9 December 1988, you were issued a DD Form 215 which corrected your narrative reason for separation to read “Misconduct – Drug Abuse-Use.” The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge. The Board considered your statement, to include your contentions that you were 17 years old when you enlisted into the Navy, and you made some bad choices. You contend that your CO never recommended you be administratively discharged from the naval service. You further contend that your narrative reason for separation reads that you were in frequent involvement with civilian authorities, but, at that point, you had never been arrested or even spoken to a police officer. You feel that your discharge is unjust, and you only received NJP twice. Additionally, you contend that you have seen service members get discharged with a higher characterization of service who have committed more serious offenses, and your Certificate of Release or Discharge from Active Duty (DD Form 214) incorrectly lists your rate, you were an “ABH.” The Board considered your youth and immaturity as factors in your behavior, however, concluded that these factors were insufficient to warrant relief in your case because of the seriousness of your repeated misconduct that resulted in multiple positive urinalysis samples for a controlled substance and two NJP’s, which included wrongful drug use. In regard to your contention that your CO never recommended that you be administratively discharged from the naval service, the Board noted that the record contains documented evidence which is contrary to your contention. In regard to your narrative reason for separation, the Board noted that your record contains documented evidence that you were informed by Naval Military Personnel Command (NPC) that NDRB amended your narrative reason for separation. In regard to your characterization of service, despite a service member’s prior record of service, certain serious offenses warrant separation from the Navy to maintain proper order and discipline. Wrongful use of a controlled substance is one such offense requiring, at a minimum, mandatory processing for an administrative separation, which usually results in an unfavorable characterization of service. Accordingly, under the totality of the circumstances, the Board discerned no probable material error or injustice in the 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.