Docket No: 6517-20
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 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 was 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 30 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, 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 enlisted in the Navy and began a period of active duty on 1 September 1982.  On 11 March 1982, you signed the US Navy drug abuse policy.  On 23 February 1983, nonjudicial punishment (NJP) was imposed on you for Unauthorized Absence.  On 26 May 1983, NJP was imposed on you for Wrongfully Making False Log Book Entries, Sleeping on Watch, and Drinking on Duty.  On 16 January 1986, you self-referred to the Drug and Alcohol Abuse Program and were referred to aftercare on 6 February 1986.  On 6 February 1986, NJP was imposed on you for a one day Unauthorized Absence.  On 24 March 1986, you were diagnosed as dependent on amphetamines and alcohol.  On 11 April 1986, NJP was imposed on you for Disobeying a Lawful Order of a Petty Officer, Disrespectful Language and Wrongful Use of Marijuana.  On 15 July 1986, you were convicted of Disobeying a Superior Petty Officer, Disrespect to a Superior Petty Officer, Wrongful Use of Marijuana, and Drunk and Disorderly at a Special Court-Martial (SPCM).  The adjudged sentence included a Bad Conduct Discharge (BCD).   
 
You requested an upgrade of your discharge.  You said you turned yourself into the Navy for drug and alcohol use through the Navy’s self-referral program, but were denied by your squadron.  You asserted this propelled you on a path of immature self-destruction.  You stated you went AWOL to Minnesota, stayed with family for several weeks and then returned to .  You also stated you tested positive for THC when you returned to .  You asserted your lawyer said you had no case and should accept a discharge to avoid jail.  You also asserted you requested help in good faith that the Navy’s self-referral program was going to assist you, but you were let down by the Navy every step of the way.  You asserted you took responsibility for the choices you made, but you regret the integrity of the Navy’s self-referral program.  The Board noted you enrolled in the Drug and Alcohol Abuse Program and were referred for aftercare.  After you were referred to aftercare, NJP was imposed for drug use and you were convicted at an SPCM for drug use.  In reviewing the circumstances of 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).  Even considering these potentially mitigating factors in accordance with the above referenced guidance, the Board did not find that relief was in the interest of justice.  The Board concluded that your BCD discharge characterization was issued without error or injustice, and that corrective action is not warranted. 
 
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,