Docket No:  2931-18 
Ref: Signature Date 
 
 
Dear  
 
This letter is in reference to your application for correction of your naval record pursuant to the provisions of Title 10 of the 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 has been denied.      
 
Although you did not file your application 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 13 May 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 18 March 1982.  On 17 April 1985, you were counseled concerning the wrongful use of marijuana.  You were warned that further deficiencies in your performance or conduct could result in administrative discharge action.  On 2 May 1985, you received nonjudicial punishment (NJP) for wrongful use of marijuana. During the period from 10 September 1985 to 11 October 1985, you tested positive for marijuana use four additional times. Subsequently, you were notified of the initiation of administrative discharge processing by reason of misconduct due to drug abuse.  On 4 November 1985, the Counseling and Assistance Center evaluated you and found you were not drug dependent on marijuana, and that your in-service drug use was a manipulation to be discharged. After being afforded your rights, which you waived, your case was forwarded to the separation authority for review.  It was stated, in part, that you were determined to continue the wrongful use of marijuana despite counseling, and that you had no potential for rehabilitation or further military service.  It was recommended that you receive an other than honorable (OTH) characterization of service.  On 15 November 1985, the separation authority concurred and directed that you receive an OTH discharge. You were discharged on 26 November 1985.  
  
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your characterization of service, you are very proud of the time you served, made a mistake because you were young and dumb, and would be proud to say your service was honorable.  The Board also considered your assertion that you have been drug-free since your discharge and have been a productive member of society. The Board concluded these factors and assertions were not sufficient to warrant a change to your discharge given the fact that you were counseled concerning your drug use, warned of the consequences of continued drug use, your misconduct which resulted in NJP for wrongful drug use marijuana, and continued use of marijuana by testing positive for the wrongful use of marijuana four additional times after your NJP.    
 
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.   
 
 
8/29/2019
Executive Director