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

Docket No: 619-18 
Ref: Signature date 

Dear  :

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 three­member panel of the Board, sitting in executive session, considered your application on 3 April 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, as well as applicable statutes, regulations, and policies. 

You enlisted in the Navy and began a period of active duty on 27 July 1981. During the period from 19 November 1982 to 22 December 1983, you received three non-judicial punishments (NJP) for wrongful use of a controlled substance (marijuana), an unauthorized absence totaling 20 days, and wrongful possession and use (with intent to deceive) an altered military identification card. On 17 January 1985, you received your fourth NJP for wrongful use of a controlled substance (cocaine). Subsequently, you were notified of pending administrative separation action by reason of misconduct due to drug abuse, at which time you elected 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 due to drug abuse, and recommended you be administratively separated from the naval service with an other than honorable (0TH) characterization of service. Your commanding officer concurred with the findings of the ADB. The discharge authority approved the findings and recommendations, and directed that you be discharged with an 0TH. On 3 April 1985, you were so discharged. 

You request that your characterization of service be upgraded to general (under honorable conditions). You contend that you made poor choices during your career, but otherwise served honorably. You also contend that many years have since passed and that you have paid the price for your misconduct. 

The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge, and your contentions that despite a couple of bad decisions you believe that you served honorably, and have paid the price for your past actions. The Board also noted your submission of character letters and certificates on your behalf. The Board concluded that these factors were insufficient to warrant relief in your case, given the seriousness of your repeated misconduct, which included wrongful drug use contrary to the Navy's policy of "zero tolerance." Under the totality of the circumstances, the Board in its review discerned no probable 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, 



7/1/2019 
Executive Director