Docket No: 4384-21 
Ref: Signature Date 

Dear Petitioner: 
 
This is in reference to your application for correction of your late husband’s 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 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 30 August 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, 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 U.S. Navy on 13 August 1981 and served without disciplinary action until 25 August 1982, when you were placed on the Command Assist Urinalysis Program for positive use of marijuana.  On 23 September 1982, you were screened by the Counseling and Assistance Center at  and recommended for the Navy Drug Safety Action Program (NDSAP).  You completed NDSAP on 3 December 1982 and placed on drug urinalysis surveillance screening.  Subsequently, on 9 December 1982, you were given a counseling entry concerning deficiencies in performance and conduct, specifically, drug use, and advised that any further discrepancies would result in administrative processing or disciplinary action.  During the months of January and February 1983, you tested positive for marijuana on two (2) separate occasions.  As a result of your continued drug use, on 14 March 1983, you were notified of pending administrative separation by reason of misconduct, specifically, drug abuse, at which time, you waived your right to consult with counsel and present your case before an administrative discharge board.  You were further notified of the commanding officer’s intent to recommend that you be discharged based on your continued use of drugs and your refusal of treatment.  On 3 May 1983, the discharge authority directed discharge with an honorable or general, under honorable, conditions (GEN) characterization of service.  Your discharge physical indicated you had arthroscopic surgery on 18 February 1983 and qualified for discharge.  You were discharged with a GEN characterization of service on 10 May 1983. 
 
The Board carefully reviewed your application, weighed all potentially mitigating factors, and considered your contentions that you should have been considered for compensation due to a knee injury.  The Board noted that you were discharged with a GEN characterization of service due to drug abuse, as directed by the discharge authority message dated 3 May 1983 (enclosed).  The Board further noted in reviewing your official military personnel file, the DD 214 contained within, correctly reflects the appropriate narrative reason for separation (enclosed).  Furthermore, the Board noted “block 28” of the DD 214 submitted with your application appears to have been altered.  The Board concluded there was insufficient evidence of an error or injustice that warrants granting clemency in the form of an upgraded characterization of service.   
 
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 change your narrative reason for separation based on your contention above and your statement that you were being racially discriminated against and opted to smoke marijuana as an alternative to get out of the service.  The Board noted you were discharged due to misconduct by reason of drug abuse and not medically discharged.  The Board further noted your post-service accomplishments; however, concluded there was insufficient evidence to warrant relief.  Specifically, the board determined the narrative reason for separation was appropriate given your repeated use of drugs despite your command affording you multiple opportunities for corrective action.  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, 
  

9/14/2021
Executive Director