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

Docket No:  1001-20           
Ref: Signature date 

This is in reference to your application of 11 December 2019 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 31 March 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, and applicable statutes, regulations, and policies. 

You enlisted in the Navy and began a period of active duty on 31 August 1981.  On 1 December 1981, you received non-judicial punishment (NJP) for violation of a lawful order.  On 7 January 1983, you received NJP for unauthorized absence (UA).  On 3 February 1983, you received NJP for wrongful use of marijuana.  On 20 July 1983, you received NJP for 58 days of UA.  Subsequently, administrative discharge action was initiated by reason of misconduct – frequent discreditable involvement with military or civilian authorities.  On 3 August 1983, you waived your right to consult with counsel and to present your case to an administrative board.  After being afforded all of your procedural rights, your case was forwarded to the separation authority for review.  On 22 August 1983, your Commanding Officer (CO) recommended that you be discharged with an other than honorable (OTH) characterization of service.  You received an OTH discharge on 16 September 1983. 

The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge and assertions that the Navy discharged                       and he was discharged under honorable conditions.  The Board also considered your contention that it is grossly unjust and unfair that                 was given an administrative separation for cocaine under honorable conditions and you received an OTH for THC.  The Board noted other cases are irrelevant to your case and concluded these factors and assertions were insufficient to warrant a change to your discharge given your misconduct, which resulted in four NJPs only one of which was for THC. 

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, 


5/29/2020