DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No: 7520-17 
APR 09 2019 

This is in reference to your application for c01rection of your naval record pursuant to Title 10, United States Code, Section 1552. After careful and conscientious consideration of the entire record, the 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 three­member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 3 December 2018. 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, togetherwith all material submitted in support thereof, relevant portions of your naval record and applicable statutes, regulations and policies.
 
You enlisted and began a period of active service on 3 October 1988. On 28 March 1988 and 4 October 1988, you were briefed on the Navy's drug and alcohol abuse policy. On 4 December , 1989, an investigation was initiated after a witness saw you and another Sailor smoking what he believed to be marijuana. Evidence obtained that day included a urine specimen you submitted, and a bag containing a green substance found at the scene. On 25 January 1990, the lab results returned with a negative presence for any controlled substance in your urine sample, however the bag of green substance revealed the presence of marijuana. On 20 March 1990, you received non-judicial punishment (NJP) for five specifications of disobeying a lawful order and wrongful use of marijuana. Subsequently, on 23 March 1990, you were notified that you were being separated, at which point, you waived your procedural rights. On 17 May 1990, the discharge authority approved your discharge and directed separation under other than honorable (OTH) conditions, and you were discharged on 14 May 1990. 

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and your contention that you tested negative for drugs during the time investigated. The Board noted that, although your urinalysis was in fact negative for the presence of a controlled substance, the evidence included an eyewitness as well as a bag of material found at the scene was positively identified as marijuana. The Board in its review discerned no impropriety or inequity in your discharge. 

It is regretted that the circumstances of your case are such that favorable action cannot be taken at.this time. You are entitled to have the Board reconsider its decision upori the submission of new and material evidence. New evidence is evidence not previously 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