Docket No: 1446-20 
Ref: Signature Date 
 
  
Dear  
 
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  
4 November 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, applicable statutes, regulations, and policies to include the 25 July 2018 Under Secretary of Defense Memo on Guidance to Military Discharge Review Boards and Boards for Correction of Military / Naval Records Regarding Equity, Injustice, or Clemency Determinations.   
 
You enlisted in the Navy and began a period of active duty on 5 August 1981.  On 22 December 1981, you were convicted by civilian authorities of possession of marijuana.  On 3 October 1983, you received non-judicial punishment (NJP) for wrongful use of marijuana.  On 23 March 1984, you received your second NJP for being absent from your appointed place of duty and wrongful use of marijuana.    
 
Subsequently, you were notified that you were being recommended for administrative discharge from the naval service because of misconduct due to drug abuse.  You were advised of, and elected, your procedural right, to consult with and be represented by military counsel, and your right to present your case to an administrative discharge board (ADB).  An ADB was convened and determined that the preponderance of the evidence supported a finding of misconduct and recommended that you be separated from the Navy with an other than honorable (OTH) characterization of service.  Your commanding officer concurred with the ADB’s findings and recommended administrative discharge from the naval service.  The separation authority approved the recommendation and directed that you be separated from the naval service with an OTH characterization of service.  On 30 May 1984, you were so discharged. 
 
The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge.  The Board considered your contention that the record is unjust and you should not be penalized for the rest of your life for making a mistake as a young man.  The Board further considered your contentions that you have changed for the better since your discharge, you have worked hard to stay out of trouble and have not had any problems with drugs for many years.  You further state that in accordance with the Uniform Code of Military Justice, your discharge should have turned into an honorable discharge after 6 months.   
 
In reviewing the circumstances of your separation and characterization of service, the Board considered the totality of the circumstances to determine whether relief is appropriate today in the interests of justice in accordance with guidance provided by the Under Secretary of Defense for Personnel and Readiness (Wilkie Memo of 25 July 2018).  Accordingly, the Board considered and acknowledged the length of your active duty service to our nation and your post-discharge achievements.  However, even in light of the USD Memo, the Board still concluded given the totality of the circumstances, your request does not merit relief.  Additionally, there is no provision of law or in Navy regulations that allows for re-characterization of service to be automatically upgraded after 6 months. 
 
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 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,