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

Docket No: 6188-18 
Ref: Signature Date

Dear:

This 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 9 September 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.

On 21 October 1981, you reenlisted in the Navy after serving over two years of prior honorable service. During the period from 25 June 1982 to 4 May 1984, you received nonjudicial punishment four times, for disrespect to a superior commissioned officer, disobedience of a lawful order, two instances of wrongful use of marijuana, and failure to go to your appointed place of duty. Additionally, you were counseled concerning further deficiencies in your performance and or conduct could result in administrative discharge action. On 5 May 1984, you were notified of the initiation of, and your rights attendant with, administrative separation processing for misconduct due to drug abuse. Your case was forwarded to the separation authority with the recommendation that you be discharged with an other than honorable (OTH) characterization of service due to misconduct. On 17 May 1984, the separation authority concurred and directed that you be discharged with an OTH characterization of service. You were discharged on 24 May 1984.

The Board carefully weighed all potentially mitigating factors, such as your record of service, desire to upgrade your discharge, and that you have been diagnosed with service connected hearing loss.  The Board also considered your assertions that your wife began cheating, that you were questioned about a stolen television from your previous ship, and that you did not do it. Additionally, that you feel you were black-balled on your new ship although someone else stole the television, and you were offered and used marijuana while onboard ship with some other Sailors, and everyone was caught and you were put out of the military without any assistance or help. The Board concluded these factors and assertions were not sufficient to warrant recharacterization of your discharge given your misconduct, which resulted in four NJPs, two of which were for wrongful drug use of drugs, and the fact that you were warned of the consequences of further misconduct.

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, 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.