DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 
                
Docket No: 6246-18 
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 21 August 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 20 August 1979.  During the period from 5 March 1982 to 18 January 1983, you received three nonjudicial punishments (NJP) for failing to obey a lawful order on two occasions and an unauthorized absence.  On 8 February 1983, you received your fourth NJP for larceny and wrongful use of marijuana.  Subsequently, you were notified of pending administrative separation action, at which time you waived your procedural right to consult with legal counsel and to present your case to an administrative discharge board (ADB).  The commanding officer (CO) recommended administrative discharge with an other than honorable (OTH) characterization of service.  The discharge authority approved the CO’s recommendation and directed an OTH characterization of service.  On 26 May 1983, you were discharged. 
 
The Board carefully considered your request to upgrade your discharge characterization.  The Board considered your contention that your discharge was inequitable because, when your father passed away in the fall of 1982, you were not allowed to take 30 days of emergency leave, you were only given 8 days.  You did not provide an explanation regarding the relationship between your father’s passing and your in-service misconduct. The Board sympathizes with you concerning the passing of your father, however, concluded the Board concluded this was insufficient to warrant relief in your case because of the seriousness of your misconduct which resulted in four NJPs to include wrongful drug use.  In view of the forgoing, the Board discerned no material error or injustice in the discharge action that would warrant a change to your characterization of service. 
 
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.