Docket No: 1848-20 
Ref: Signature Date 



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 relevant portions of your naval record and your application, 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 5 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, together with all material submitted in support thereof, relevant portions of your naval record, as well as applicable statutes, regulations, and policies. 
You enlisted in the Navy and began a period of active duty on 28 May 1982. On 26 May 1983, you received nonjudicial punishment (NJP) for failure to go to your appointed place of duty, disobeying a lawful order from a superior petty officer, wrongful use of marijuana, and wrongful possession of an unknown quantity of marijuana and cocaine. On 29 July 1983, you received a second NJP for stealing property valued at $1.60 from the Navy Exchange.  Message traffic from December 1983 indicates that you were being administratively separated with an other than honorable characterization of service.  In December 1983, you were discharged from the Navy on the basis of misconduct-drug abuse and received an other than honorable characterization of service and a reentry code of RE-4. 

You request an upgrade to your other than honorable discharge.  You provide the Board with a letter of apology and state that you regret your actions.  You assert that while you were in the Navy, your mother became very ill.  You were granted leave to return home to Tennessee.  You turned to drugs to ease the stress and pain of your situation.  You state that you have been fighting to get your life back on track for the last 30 years, and it has been a real struggle.  You also provide character letters in support of your application. 

The Board in its review of your entire application carefully weighed all potentially mitigating factors, including your personal circumstances at the time of your service and your post-discharge challenges.  The Board considered the character letters in support of your application and noted the length of time since your separation from the Navy in 1983.  The Board determined, however, that the seriousness of your misconduct of wrongful use and wrongful possession of controlled substances while on active duty could not be overcome.  The Board concluded that based on the nature of the misconduct reflected in your first NJP, your other than honorable characterization of service was properly executed, and does not merit corrective action. 

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.