Docket No: 3643-20
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 was 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 21 September 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. 
  
You enlisted in the Navy and began a period of active duty on 3 September 1982.  On 24 August 1982, you signed a US Navy drug screening certificate.   On 27 August 1982, you signed the US Navy policy on drug abuse.  On 26 August 1983, nonjudicial punishment (NJP) was imposed on you for possession of drug paraphernalia and introduction of marijuana onto a military installation.  On 1 September 1983, you received a retention warning regarding wrongful use of drugs.  On 8 June 1984, NJP was imposed on you for wrongful use of marijuana.  On 12 June 1984, administrative separation action by reason of Misconduct due to Drug Abuse, was initiated against you.  You consulted counsel and requested an administrative board.  However, subsequently, on 25 July 1984, you waived the administrative board.  On 3 August 1984, your Commanding Officer (CO) recommended your administratively separation under Other than Honorable Conditions (OTH) conditions.  On 9 August 1984, the Separation Authority approved your CO’s recommendation and directed your administrative separation under OTH conditions.  On 17 August 1984, you were discharged under OTH conditions.   
 
 
You requested an upgrade of your discharge to Honorable.  You stated you believed your error in judgment (smoking marijuana off duty) had an effect on your attention to detail.  You also asserted that your time in navy was completed with total love, and that love for the United States of America has never wavered.  The Board concluded these factors and assertions were not sufficient to warrant a change to your discharge status, given your misconduct, which resulted in two NJPs for drug use.   
  
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,