Docket No: 5216-20 
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.     
 
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 10 March 2021.  The names and votes of the panel members 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 the 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). 
 
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. 
 
You enlisted in the Navy and began a period of active service on 29 December 1978.  On 13 April 1981, you were counseled and notified that continuation of your past performance may result in your disqualification from receiving an honorable discharge.  On the same day, you received non-judicial punishment (NJP) for dereliction in the performance of duty.  On 13 July 1981 and 20 March 1982, you received NJP for wrongful possession of marijuana.  On 11 May 1982, you received NJP for unauthorized absence (UA).  On 12 May 1982, you were counseled regarding your drug use.  On 27 July 1982, you received NJP for wrongful use of marijuana.  On 1 November 1982, you were notified of the initiation of administrative separation proceedings by reason of misconduct due to drug abuse.  On 6 November 1982, you elected your right to consult with counsel and to have your case reviewed by an administrative discharge board (ADB).  On 15 November 1982, you received NJP for disrespect toward a superior commissioned officer.  On the same day, you were counseled regarding your misconduct, and notified that further deficiencies may result in the initiation of administrative separation proceedings.  On 29 November 1982, an ADB convened and recommended your discharge from naval service with an other than honorable (OTH) characterization of service by reason of misconduct due to drug abuse.  On 1 December 1982, your commanding officer concurred with the recommendation of the ADB.  On 18 December 1982, the discharge authority approved and directed your separation from the naval service with an OTH characterization of service by reason of misconduct due to drug abuse.  On 28 December 1982, you were so discharged.  
 
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 assertion you served four years in the Navy.  You contend your discharge was unfair and you were addicted to marijuana and alcohol.  However, based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief.  Specifically, the Board determined that your repeated misconduct, as evidenced by your six NJPs, 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,