DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 6516-20 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 8 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). After more than three years of service, you reenlisted in the Navy on 28 January 1982. On 18 August 1983, you received nonjudicial punishment (NJP) for wrongful use of marijuana. On 31 January 1985, you again received NJP for using marijuana. On 5 February 1985, you underwent a drug and alcohol evaluation, where you were found not psychological dependent on marijuana. On 25 February 1985, you received notification that you were being considered for administrative discharge due to drug use, and you waived your right to an administrative board. On 28 February 1985, your commanding officer forwarded your package to the separation authority recommending your discharge with an other than honorable (OTH) characterization of service. The recommendation was approved, and on 16 March 1985, the separation authority directed your discharge with an OTH characterization of service. You were so discharged on 25 March 1985. The Board carefully considered your contentions. In your petition, you contend that your maturity level and emotional state have improved over time. You explained that you were well into your second enlistment when you and your wife divorced and she left with your children, but she then began to go places, leaving the children behind. You assert that out of concern for your children, you went to your chain of command but they would not let you file for a humanitarian discharge. You further assert that you did what you thought was right to get out, but you do not believe what you did was dishonorable. Based upon its review, the Board concluded these potentially mitigating factors were insufficient to warrant relief. The Board determined that your misconduct while on active duty, which resulted in NJP on two occasions for use of an illegal drug outweighed your desire to have your discharge characterization upgraded. 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 the 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