Docket No: 1949-20 
Ref: Signature Date 
 
 
Dear 
 
This letter is in reference to your reconsideration request.  You previously petitioned the Board for Correction of Naval Records (Board) and were advised that your application had been denied.  Your case was reconsidered in accordance with Board procedures that conform to Lipsman v. Sec’y of the Army, 335 F. Supp. 2d 48 (D.D.C. 2004).  After careful and conscientious consideration of relevant portions of your naval record and your application, the 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 for Correction of Naval Records, sitting in executive session, considered your application on 27 July 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 began a period of active duty on 1 September 1977.  You completed your first enlistment honorably and were discharged on 4 August 1981, with an honorable characterization of service.  You subsequently reenlisted and began a second period of active duty on 5 August 1981.  On 15 August 1981, you received nonjudicial punishment (NJP) for violating a lawful general order by possessing and using marijuana in hashish form.  The same day, you were counseled that you were being retained in the naval service but that any further misconduct could result in disciplinary action and processing for administrative discharge.  On 3 March 1982, you received a second NJP for having a controlled substance in your possession (marijuana) and violating a general regulation by leaving a naval station in a dungaree uniform.  You were discharged from the Navy on 5 May 1982, on the basis of misconduct due to drug abuse, and received an other than honorable characterization of service and a reentry (RE) code of RE-4. 
 
You previously petitioned the Board in 2011 for an upgrade to your discharge characterization.  Your previous petition, NR20110001745, was denied.  In your current petition,you request that your other than honorable discharge characterization be upgraded to an honorable characterization of service.  You contend that after successfully completing your first period of enlistment, you made a poor decision that resulted in an other than honorable discharge.  You state that you made the mistake of smoking marijuana, and were immediately discharged.  You also assert that you never had any other incidents during your period of active duty time.  You were never offered any treatment options or other alternative besides being removed from the Navy.  You state you are in the process of seeking Veterans Affairs (VA) benefits and would like your discharge upgraded. 
 
The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, including your statement about your decline in health and your desire to obtain benefits and services from the VA.  The Board noted that your second enlistment reflected two drug-related incidents, with an NJP on 15 August 1981 for possessing and using hashish, and an NJP in March 1982 for possessing a controlled substance.  The Board also considered that after the August 1981 NJP, you were counseled regarding the potential consequences of further misconduct.  Nonetheless, you again engaged in misconduct in the spring of 1982.  The Board determined that your behavior in your second enlistment as documented by the two NJPs supported the other than honorable discharge and that the administrative discharge proceedings were executed without error or injustice. 
 
It is regretted that the circumstances of your reconsideration petition 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 the absence of new matters for reconsideration, the decision of the Board is final, and your only recourse would be to seek relief, at no cost to the Board, from a court of appropriate jurisdiction. 
  
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,