Docket No: 10858-18 
Date: Ref Signature 

Dear  
 
This is in reference to your application of 7 November 2018 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 that 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, sitting in executive session, considered your application on 4 December 2019.  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 service on 23 February 1981.  On 7 July 1981, you were counseled regarding your misconduct.  On 10 September 1981, you received non-judicial punishment (NJP) for unauthorized absence (UA).  On 23 November 1981, you were counseled regarding your misconduct, and subsequently you received NJP for UA and failure to obey a lawful order.  On 13 July 1982, you received NJP for possession of marijuana, disobeying a lawful order, and breaking restriction.  On 6 August 1982, you received NJP for disobeying a lawful order.  On 24 August 1982, you were convicted at a summary court-martial (SCM) for possession of marijuana, possession of paraphernalia, and UA from restricted men’s muster.  On 24 September 1982, you were notified of the initiation of administrative separation proceedings for misconduct-frequent involvement of a discreditable nature with military authorities.  On 27 September 1982, you were counseled regarding your misconduct.  On 30 September 1982, you waived your right to consult with counsel and your right to present your case to an administrative discharge board (ADB).  You made a written statement to the separation authority where you admitted to “using drugs occasionally,” and your medical evaluation found that you used marijuana, cocaine, and LSD.  On 9 November 1982, the 
discharge authority approved and directed an other than honorable (OTH) characterization of service for misconduct.  On 22 November 1982, you were so discharged. 
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge, contention that you were young and letters reflecting your good character.  Regarding your contention, the Board considered your youth and immaturity as factor in your behavior, but concluded that the severity of your misconduct outweighed your current desire to upgrade your discharge.   
 
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 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.