DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 3060-18 Ref: Signature Date This letter is in reference to your application 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 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 15 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, relevant portions of your naval record, as well as applicable statutes, regulations, and policies. You enlisted in the Navy and began a period of active duty on 15 October 1979. On 31 July 1981, you were convicted by special court-martial (SPCM) of wrongfully selling, transferring and possessing marijuana. You were awarded as punishment: reduction in rank, forfeiture of pay and confinement. Subsequently, you were notified of pending administrative separation action, at which time you elected your procedural right to consult with legal counsel and to present your case to an administrative discharge board (ADB). An ADB was convened and found that you committed misconduct, and recommended administrative discharged with a general (under honorable conditions) character of service. The commanding officer (CO) concurred with the ADB’s recommendation. The separation authority approved the recommendation and directed administrative discharge with a general (under honorable conditions) character of service. On 26 February 1982, you were discharged. The Board carefully weighed all potentially mitigating factors, such as your post service conduct, request to upgrade your discharge and contentions that you were young and stupid, made bad choices, regret possessing and using marijuana while in the service, and were told your character of service could be upgraded six months after it was issued but you did not try because you had inner guilt. The Board concluded your mitigating factors were not sufficient to warrant relief in your case because they were outweighed by the seriousness of your misconduct that resulted in an SPCM conviction. The Board in its review discerned no material error or injustice in the 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 submission of new matters. 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,