Docket No: 1693-20 
Ref: Signature Date 

This is in reference to your application of 11 February 2020 for correction of your naval record pursuant to Title 10, United States Code, Section 1552.  After careful and conscientious consideration of relevant portions of your naval record and your application, 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 28 April 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. 

Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to its understanding of the issues involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 

You enlisted in the Navy and completed a period of honorable service from 3 May 1976 to 12 November 1981.  You reenlisted in the Navy and began a second period of enlistment on 13 November 1981.  On 17 December 1982, you received non-judicial punishment (NJP) for use of a controlled substance.  You continued on active duty, but received a second NJP on 9 October 1987, for wrongful use of a controlled substance (marijuana).  On 14 October 1987, your Commanding Officer (CO) recommended that you be administratively separated due to your drug abuse.  Your CO also commented that you expressed a desire to be separated from the Navy.  You were discharged from the Navy on 12 November 1987, on the basis of misconduct­drug abuse, and received an other than honorable characterization of service and a reentry (RE) code of RE-4. 

In your application for correction, you request an upgrade from other than honorable to honorable, and state that you had a drug addiction problem.  You submit a letter from your son in which he details ongoing struggles you have had with pain in your feet and your efforts to cope with the pain through prescription medication.  You also provide several letters of recommendation which give information about your exemplary work ethic, your sense of humor, your attention to detail, and your respectfulness. 

The Board reviewed your request for an upgrade to your characterization of service, and carefully considered potentially mitigating factors including your post-service contributions to your community as indicated in the character letters submitted with your application.  The Board also noted that your record reflects that you suffered medical issues relating to your left foot and appeared before a Medical Board in 1981 for an evaluation of your condition.  The Medical Board found that you should be returned to full duty without physical or geographical limitations.  The Board considered your ongoing foot pain as indicated byyour son’s letter, your medical record, and your drug use during your time in the Navy.  Even in consideration of your in-service foot condition and the possibility that you may have been self-medicating to cope with the pain, the Board found that the seriousness of wrongful use of a controlled substance while in an active duty status could not be overcome.  The Board took particular note of the fact that your NJP on 9 October 1987 for wrongful use of marijuana was your second disciplinary incident in the Navy.  Although your first NJP for use of a controlled substance occurred in your first enlistment, the Board found that the other than honorable characterization of service for your second enlistment was appropriate given that you had been given the opportunity to continue in military service and that you did not comply with the expected standards of behavior.  The Board concluded that your other than honorable discharge is supported by the misconduct reflected in your record, and that it was issued without error or injustice. 

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.