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

Docket No: 7982-18 
Ref: Signature Date

Dear	:

This letter is in reference to your application of 6 August 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 2 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 22 January 1982.  You served for a year and two months without disciplinary incident, but during the period from 10 March 1983 to 18 July 1984, you received non-judicial punishment (NJP) on two occasions. Your offenses were wrongful use of marijuana. On 13 August 1984, you were notified of pending administrative separation by reason of misconduct due to drug abuse were notified that you had been found drug dependent by a medical doctor and you had the right to treatment at a department of Veteran’s Affairs Hospital. You waived your rights to consult with legal counsel and to present your case to an administrative discharge board (ADB). On 4 October 1984 you began a period of unauthorized absence. Your commanding officer “strongly” recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse noting that during your CAAC screening you asserted “to almost daily use of marijuana over the past six years.” The discharge authority approved the recommendation and directed separation under other than honorable conditions by reason of misconduct without your return to military control. On 31 December 1984, you were discharged with an OTH characterization of service.

The Board carefully weighed all potentially mitigating factors including post service conduct and your contention that there were no other violations, which affected your performance as a loyal and obedient sailor. The Board concluded these factors were not sufficient to warrant relief in your case because of the seriousness of your misconduct that resulted in two NJPs which were for wrongful drug use. About your contention, your characterization encompasses a review of your entire record during a period of enlistment, weighing significant positive and negative aspects of your overall service record. Even isolated offenses, may warrant separation from the Navy to maintain proper order and discipline.

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.

Sincerely,