Docket No: 4388-20
Ref: Signature Date                            
              

Dear : 
 
This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code.  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 insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied. 
 
The Board determined that your personal appearance, with or without counsel, would not materially add to their 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. 
 
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 14 December 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, to include the 25 July 2018 guidance from the Under Secretary of Defense for Personnel and Readiness regarding equity, injustice or clemency determinations (Wilkie Memo). 
  
You enlisted in the Navy and began a period of active duty on 20 January 1982.  On 1 June 1983, you were, identified as a drug abuser. On 5 March 1984, you were enrolled in Level II counseling.  On 22 March 1984, you were, dis-enrolled from due to your unwillingness to fully participate.  On 2 October 1984, a Substance Abuse Report stated that your potential for future useful service was determined to be questionable.  On that date, you also tested positive for marijuana during a command directed urinalysis.  On 12 December 1984, you received nonjudicial punishment (NJP) for wrongful drug use.  On 19 December 1984, administrative discharge action was initiated to separate you from the Navy for misconduct due to drug use.  After being afforded your procedural rights, you elected to have your case heard before an administrative discharge board (ADB).  The ADB found that you had committed misconduct due to drug abuse, and recommended that you receive an other than honorable (OTH) discharge.  On 6 February 1985, you received NJP for unauthorized absence.  On 11 February 1985, your case was forwarded to the separation authority with the recommendation that you receive an OTH discharge.  On 5 March 1985, the separation authority directed that you receive an OTH discharge due to drug abuse.  On 19 March 1985, you were discharged from Navy with an OTH characterization of service. 
  
The Board carefully weighed all potentially mitigating factors, such as your record of service, and desire to have your characterization of service changed. The Board also considered all of your assertions, including but not limited to: (a) your discharge should be upgraded due to changes in the legal, social, and political climate regarding the use of marijuana; (b) your discharge should reflect the true nature of your character, that you reenlisted on two occasions, were awarded the Good Conduct Medal among others, and that after a thorough review of all evaluations clearly show the fact that you were a diligent and dedicated petty officer; (c) that after your separation, you fell into a homeless situation, alcoholism and incarceration, and at the age of 63, reflection of the past can be a harsh reality to bring into focus; and (d) the actions that caused your OTH discharge were transgressions of a young and immature individual, and those actions are deeply regretted at this time in your life.  The Board concluded these factors and assertions were not sufficient to warrant a change to your characterization of service given your two NJPs, one of which was for wrongful drug use. 
 
The Board carefully considered all potentially mitigating factors to determine whether the interests of justice warrant relief in your case in accordance with the Wilkie Memo.  These included, but were not limited to, your desire to upgrade your discharge and all of the assertions in your petition.  Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief.  Specifically, the Board determined that the misconduct reflected in your service record outweighed these mitigating factors.  Accordingly, given the totality of the circumstances, the Board determined that your request does not merit relief.   
 
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,