Docket No: 2141-20 
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 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 2 June 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 Navy and began a period of active duty on 27 May 1984. On 21 October 1985, you received nonjudicial punishment (NJP) for wrongful possession of marijuana with intent to ingest, wrongful use of marijuana, and being drunk on post.  On 21 October 1985, a medical evaluation found that you did not appear to be physically or psychologically dependent on marijuana.  You were notified of administrative separation proceedings against you and elected not to appear before an administrative separation board.  In his recommendation that you receive an other than honorable discharge, your commanding officer (CO) stated that you obtained some marijuana from a fellow crewmember while you were on watch and consumed it after watch.  Your CO stated that you showed no remorse.  You were discharged from the Navy on 8 November 1985, on the basis of misconduct -drug abuse, and received an other than honorable discharge and a reentry (RE) code of RE-4.  In 1986, Naval Discharge Review Board (NDRB) reviewed your request for an upgrade to your other than honorable discharge and found that relief was not warranted. 

You request an upgrade to your discharge characterization from other than honorable to general.  You state that you are attempting to utilize Veterans Affairs (VA) benefits and any other benefits that have been denied due to your character of discharge.  You state that you were caught with items belonging to other Sailors, that they threatened to harm you if you talked, and that you feared providing their name because of what they would do to you.  You further state that your ship was at sea during the time of investigation and that had you been released back to port, you would have told the investigators what they wanted.  You ask that the Board also take into consideration your post-discharge achievements including your professional success.  Since you were separated from the Navy, you have been employed with a company that makes ammunition for the US government and you have risen to the top of your profession.  Furthermore, you have never been arrested and do not use any type of prescription drugs. 

The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, including your contention that you were threatened by the Sailors whose marijuana was found in your locker.  The Board also noted that you indicate that the investigation had some misstatements regarding your usage of marijuana.  The Board weighed your post-service professional contributions as well as your desire to access VA benefits and other service-connected benefits.  Even in consideration of the mitigating factors, your allegations regarding misstatements about drug usage, and your wish to receive benefits, the Board found that your wrongful possession of marijuana while in an active duty status and being found drunk on post were serious enough to merit your other than honorable discharge.  The Board took your CO’s recommendation and comments under review and found that regardless of your concerns of retaliation or harm by other Sailors, you were accountable for possessing a controlled substance while on active duty.  The Board determined that your current discharge is supported by the misconduct reflected in the NJP and is not overcome by your assertions and contentions.  The Board concluded that your other than honorable discharge was appropriately issued and that an upgrade is not warranted. 

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.