DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 7678-18 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 three- member panel of the Board, sitting in executive session, considered your application on 6 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, together with all material submitted in support thereof, relevant portions of your naval record, and applicable statutes, regulations, and policies. Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel would not materially add to their understanding of the issues involved. Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. You enlisted in the Navy on 28 December 1979. During the period from 11 December 1980 to 29 January 1983, you received seven non-judicial punishments (NJP) for possession of marijuana, wrongful use of marijuana, two specifications of drunk and disorderly, breaking restriction, and three instances of unauthorized absence (UA) totaling 20 days. Subsequently, you were notified of the initiation of administrative separation processing by reason of misconduct due to drug abuse. You elected to consult with legal counsel and subsequently requested an administrative discharge board (ADB).The ADB found that you committed misconduct due to drug abuse and recommended that you be discharged with an other than honorable (OTH) characterization of service. The discharge authority concurred with the ADB and directed that you be discharged with an OTH characterization of service. On 20 May 1983, you were discharged. The Board carefully weighed all potentially mitigating factors, such as character letters that you provided, your desire to change your discharge. The Board also carefully reviewed your contentions that you have been sober since July 1987, you are a productive member of your community, that you perform volunteer work at the local church, and coach youth league. The Board also considered your contentions that your service record and performance evaluation reveal you rendered good service to the Navy. In regard to your contentions that you have been sober since July 1987, a productive member of your community, perform volunteer work at the local church, and coach youth league, the Board noted while commendable, your post service conduct does not excuse your conduct while enlisted in the Navy or the basis for your discharge. In regard to your contention that your service record and performance evaluation reveal you rendered good service to the Navy, the Board noted that a Sailor’s service is characterized at the time of discharge based on performance during the current enlistment. 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.