DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 5884-20 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 5 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). You enlisted in the Navy and began a period of active service on 2 September 1980. On 3 January 1986, you received non-judicial punishment (NJP) for wrongful use of marijuana. On 6 January 1986, you were counseled regarding your retention in naval service following your drug abuse, and you were notified further deficiencies might result in the initiation of administrative separation proceedings. On 13 January 1986, the counseling and assistance center (CAAC) reported your denial of drug use as well as your disclosure of preservice marijuana use. On 14 January 1986, you signed a refusal to attend drug rehabilitation, and acknowledged that due to your refusal, you would be processed for administrative separation. On 28 January 1986, you elected to exercise your right to consult with counsel and review of your case by an administrative discharge board (ADB). On 29 January 1986, you were notified of the initiation of administrative separation proceedings by reason of defective enlistment and induction due to fraudulent entry into naval service, and misconduct due to drug abuse. On 23 February 1986, due to an administrative error, re-notification of administrative separation proceedings was directed. Subsequently, on 27 February 1986, you were re-notified of the initiation of administrative separation proceedings by reason of defective enlistment and induction due to fraudulent entry into naval service, and misconduct due to drug abuse, at which point, you waived your right to consult with counsel and review of your case by an administrative discharge board (ADB). On 21 March 1986, the discharge authority approved and directed your separation from the naval service with an other than honorable (OTH) characterization of service by reason of misconduct due to drug abuse. On 2 April 1986, 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 contention you had an outstanding record. You note your post service accomplishments. Additionally you state that since your discharge, you have matured and you believe the Navy helped you with your determination to succeed. The Board commends your post service conduct. Notwithstanding, based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief. Specifically, the Board determined that your drug related misconduct 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, Executive Director