Docket No:  1339-20    
Ref: Signature date 
   
Dear  : 
 
This is in reference to your application of 28 January 2020 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 19 May 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, 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 26 January 1981.  On 17 March 1982, you received non-judicial punishment (NJP) for violation of a lawful order.  On 23 March 1985, you received NJP for unauthorized absence.  On 25 March 1985, you received a retention warning for being late to quarters.  On 21 June 1985, you received NJP for wrongful use of marijuana.  Subsequently, administrative discharge action was initiated by reason of misconduct - pattern of misconduct and drug use.  On 22 August 1985, you received NJP for wrongful use of marijuana and amphetamines.  On 23 August 1985, you waived your right to consult with counsel and present your case to an administrative board.  On 27 September 1985, you received NJP for disobeying a lawful order and wrongful use of marijuana.  After being afforded all of your procedural rights, your case was forwarded to the separation authority for review.  On 8 October 1985, your Commanding Officer recommended you be discharged.  On 8 November 1985, the separation authority directed that you be separated with an Under Other than Honorable Conditions (OTH) characterization of service.  You were discharged on 19 November 1985 with an OTH. 
 
The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge and assertions that you were only 18, served honorably for over four years and did not recall having the opportunity to attend or participate in, drug and alcohol counseling.  In addition, the Board considered your assertions that you were immature drank excessively, but were never offered support.  The Board concluded these factors and assertions were not sufficient to warrant a change to your characterization of service, given your misconduct, which resulted in five NJPs.   
 
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, 
6/29/2020