Docket No: 4432-20 
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 2 November 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 4 January 1982.  On 27 August 1981, you signed the US Navy drug and alcohol abuse policy.  On 16 March 1983, nonjudicial punishment (NJP) was imposed on you for Wrongful Use of a Controlled Substance.  On 23 June 1983, NJP was again imposed on you for Wrongful Use of a controlled Substance.  Subsequently, administrative separation action by reason of Misconduct due to Drug Abuse was initiated against you.  On 27 June 1983, you waived your right to counsel and your right to an administrative board.  Your Commanding Officer forwarded your package to the Separation Authority (SA) recommending you be administratively separated with an Other than Honorable (OTH) characterization of service.  On 1 July 1983, the SA approved the recommendation, and on 8 July 1983, you were discharged with and OTH characterization of service.   
 
You requested an upgrade of your discharge to General.  You asserted you made bad choices and were very immature when your discharge was handed to you.  You further asserted that it is unjust to continue punishing you for using marijuana when it is now legal in most states.   
The Board noted that you were given an opportunity to defend yourself and perhaps receive a better characterization of service, but waived your procedural rights.  The Board concluded the factors and assertions presented were not sufficient to warrant a change to your discharge status given your misconduct which resulted in two NJPs for Wrongful Use of a Controlled Substance.   
 
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,