Docket No: 1249-20
Ref: Signature Date                          

Dear : 
 
This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code.  After careful and conscientious consideration of relevant portions of your naval record and your application, the Board for Correction of Naval Records (Board) found the evidence submitted 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 5 April 2021.  The names and votes of the panel members 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 the 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, to include  the 25 July 2018 guidance from the Under Secretary of Defense for Personnel and Readiness regarding equity, injustice, or clemency determinations (Wilkie Memo). 
  
On 14 November 1985, you reenlisted in the Navy after serving over seven years of honorable service.  On 26 January 1989, you received nonjudicial punishment (NJP) for wrongful use of marijuana.  An undated Medical Report of Substance Abuse found you not dependent on drugs or alcohol but noted rare alcohol abuse, one time marijuana use “when really intoxicated.”  Thereafter, you were returned to your command for appropriated counseling and/or administrative action, and found responsible, and accountable for your actions.  On 3 February 1989, you were notified of administrative discharge action by reason of misconduct due to in-service drug abuse.  After being afforded your procedural rights, you elected to waive your right to request to have your case heard before an administrative discharge board.  On 10 March 1989, your case was forwarded to the separation authority with the recommendation that you receive an other than honorable (OTH) discharge due to drug abuse.  On 17 March 1989, the separation directed that you receive an OTH discharge due to drug abuse.  On 30 March 1989, you were discharged from the Navy with an OTH characterization of service. 
 
The Board carefully considered all potentially mitigating factors to determine whether the interests of justice warrant relief in your case in accordance with the Wilkie Memo.  These included, but were not limited to your contentions that: (a) you accepted the consequences, financial and otherwise, of your decisions leading to your OTH discharge; (b) you believe your discharge status no longer serves any useful purpose, (c) you are deserving of an upgrade on the grounds of justice and equity; (d) you readily acknowledge that you made a tragic mistake by intentionally smoking marijuana in order to secure an early termination of your enlistment; and (e) due to your OTH discharge, you are ineligible for education benefits, a Department of Veterans Affairs loan, and you civilian occupational choices have been limited.  Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief.  Specifically, the Board determined that your misconduct as a senior petty officer,  evidenced by your NJP for wrongful drug use outweighed these mitigating factors.  Accordingly, given the totality of the circumstances, the Board determined that your request does not merit relief.   
   
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.   

Sincerely,