Docket No: 6000-20            
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 relevant portions of your naval record and your application, 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 21 September 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 24 September 1981.  On 2 September 1983, you received nonjudicial punishment (NJP) for wrongful use of marijuana and possession of drug paraphernalia.  In December 1983, you were evaluated for dependency on marijuana, were found not to be chemically dependent on THC, and recommended for administrative separation.  In mid-December 1983, you again received NJP for wrongful use of marijuana.  Message traffic indicates that administrative separation proceedings were initiated against you and that you waived your right to appear before an administrative separation board.  On 11 January 1984, you were discharged from the Navy on the basis of Misconduct, Drug Abuse and received an other than honorable discharge characterization and a reentry (RE) code of RE-4. 
 
In your application for consideration, you ask that your other than honorable discharge characterization be upgraded to an honorable characterization, or in the alternative, a general discharge.  You contend that the current discharge is unjust because the misconduct does not match the punishment.  You ask that youthful indiscretion, the change in the severity of marijuana charges over time, and your positive post-discharge life be taken into consideration.  You additionally note that during your time in service, you spent 1 year, 8 months, and 17 days in sea service.  You also take issue with the wrongful use and possession of drug paraphernalia assertion in your record, and state that the dependency evaluation indicates that you were merely in the vicinity of drug paraphernalia aboard the ship.  You highlight that since your discharge, you received your HVAC license, had a long career involving moving heavy equipment, now work as an engineer in maintenance at a hospital and have no criminal misconduct.  You state that you feel the stigma and shame of an other than honorable discharge, and wish to have your discharge upgraded to reduce this shame.  You cite the Wilkie memorandum for clemency.     
 
The Board reviewed your petition in light of the Under Secretary of Defense’s memorandum, “Guidance to Military Discharge Review Boards and Boards for Correction of Military/Naval Records Regarding Equity, Injustice, or Clemency Determinations” of 25 July 2018.  
 
The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, including your youth, the nature of your misconduct, your time at sea and your post-discharge achievements and contributions to your community.  The Board considered whether your situation was one in which clemency is appropriate but found that the two separate incidents of wrongful use of a controlled substance, as evidenced by the two NJPs, supports the other than honorable discharge characterization.  The Board found that the misconduct reflected in your record supported the issuance of an other than honorable discharge, and that the current discharge does not reflect an error or injustice.   
 
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,