DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 7937-18 Ref: Signature Date This letter is in reference to your application of 18 September 2018 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 that 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 October 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 29 October 1981. During the period from 28 June 1983 to 11 May 1984, you received non-judicial punishment (NJP) on three occasions. Your offenses were unauthorized absence (UA) from your unit for a day, wrongful use of marijuana and insubordinate conduct toward a commissioned officer. On 19 May, you were convicted in civil court for driving while intoxicated. Subsequently, you were notified of pending administrative separation processing with an other than honorable (OTH) discharge by reason of misconduct due to drug abuse. You elected to consult with legal counsel and requested an administrative discharge board (ADB). The ADB found that you had committed misconduct and recommended that you be discharged under OTH conditions by reason of misconduct due to drug abuse additionally they requested that your discharge be suspended for 12 months. On 7 July 1984, the separation authority approved and also suspended your discharge for 12 months, specifically directing that your commanding officer (CO) could separate you immediately if you commit any more misconduct. On 23 July 1984, your CO processed your separation, and directed an OTH discharge by reason of misconduct due to drug abuse. Your record does not contain the details of your misconduct. On 23 July 1984, you were so discharged. The Board carefully weighed all potentially mitigating factors including your contention that your received a general discharge. The Board concluded these factors were not sufficient to warrant relief in your case because of the seriousness of your misconduct that resulted in three NJPs and wrongful drug use. In regard to your contention, the Board relies on a presumption of regularity to support the official actions of public officers and, in the absence of substantial evidence to the contrary, will presume that they have properly discharged their official duties. Your allegation, unsupported in the record failed to overcome that presumption. As previously stated you were notified you were being administratively process for an OTH 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 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.