Docket No: 4697-20
Date: Ref Signature                
                

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 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 18 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 to include the 25 July 2018 Under Secretary of Defense Memo on Guidance to Military Discharge Review Boards and Boards for Correction of Military/Naval Records Regarding Equity, Injustice, or Clemency Determinations.  
 
You reenlisted in the Navy on 14 January 1983.  On 11 October 1983, you were counseled on two occasions regarding your possession of marijuana, your repeated drug use, and you were warned that further misconduct might result in the initiation of administrative separation proceedings.  On 20 October 1983, you received non-judicial punishment (NJP) for wrongful possession of marijuana and two specifications of wrongful use of marijuana.  On 1 November 1983, you were counseled regarding your misconduct.  On the same day, a substance abuse report notes you were scheduled for substance abuse treatment and you were placed on urinalysis surveillance for substance abuse.  While on urinalysis surveillance, on 16 November 1983, you tested positive for marijuana use.  On 15 December 1983, you received your second NJP for two specifications of wrongful possession of marijuana and two specifications of wrongful use of marijuana.  As a result of the foregoing, on 17 January 1984, you were notified of the initiation of administrative separation proceedings by reason of misconduct due to drug abuse, at which point, you elected to waive your right to consult with counsel and waive your right to a hearing before an administrative discharge board (ADB).   On 9 February 1984, the discharge authority approved and directed your separation from the naval service by reason of misconduct due to drug abuse, with an other than honorable (OTH) characterization of service.  On 2 March 1984, you were so discharged.  
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge, and your contentions that: (a) you were not offered drug rehabilitation after your two NJPs; (b) your commanding officer was very threatening to you; and (c) you tried to have your discharge revised but you were turned down.  The Board noted you were sufficiently notified of the consequences of continued drug related misconduct and that you were also offered rehabilitation following your first drug related NJP.  However, you continued to violate the Navy’s drug abuse policy.  Concerning your statements regarding your commanding officer, the Board noted you failed to provide evidence, and your record does not contain evidence to support your statements.  After careful consideration of your remaining contentions, the Board did not find evidence of an error or injustice that warrants upgrading your characterization of service.   
 
In reviewing your separation and characterization of service, the Board considered the totality of the circumstances to determine whether relief is appropriate today in the interests of justice in accordance with guidance provided by the Under Secretary of Defense for Personnel and Readiness (Wilkie Memo of 25 July 2018).    However, even in light of the USD Memo, the Board still concluded given the totality of the circumstances, your request does not merit relief. 
 
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,