Docket No: 11127-18 
Ref: Signature Date 

Dear  
 
This is in reference to your application of 23 October 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 3 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 duty on 4 May 1982.  During the period from 13 February 1984 to 3 December 1985, you received two non-judicial punishments (NJP) for breach of peace, drunk and disorderly, and wrongful use of marijuana.  Subsequently, you were notified of an administrative action to separate you from the naval service by reason of misconduct due to drug abuse.  You elected to consult with legal counsel and subsequently requested an administrative discharge board (ADB).  By a unanimous vote the ADB found that you committed misconduct due to drug abuse and recommended you be separated with an other than honorable (OTH) characterization of service.  On 11 February 1986, you received an additional NJP for wrongful use of marijuana.  On 6 March 1986, the discharge authority concurred with the ADB and directed that you be separated with an OTH characterization of service by reason of misconduct.  On 7 March 1986, you were so discharged. 
 
The Board carefully weighed all potentially mitigating factors in your case, including character letters, information from  your desire to upgrade your discharge and contentions that your OTH discharge does not reflect the majority of your service, you were young, made wrong choices, and one minor and isolated incident should not dictate your entire life.  In this regard, the Board concluded that your violation of the Navy’s drug policy outweighed your desire to upgrade your discharge.  Regarding your contentions that your OTH discharge does not reflect the majority of your service and one minor and isolated incident should not dictate your entire life, the Board noted that a Sailor’s service is characterized at the time of discharge based on performance during the current enlistment.  Regarding your contention that you were young and made wrong choices, the Board noted that the evidence of record did not show that you were not responsible for your conduct or that you should not be held accountable for your actions. 
 
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.