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

Docket No: 9207-18 Date: 
Ref Signature

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 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, together with all material submitted in support thereof, relevant portions of your naval record, as well as applicable statutes, regulations, and policies.

Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will 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 and began a period of service on 29 June 1979.  On 29 September 1982, you received nonjudicial punishment (NJP) for assault, disrespect toward a superior petty officer, wrongful use of provoking words, and two specifications of wrongful use of reproachful words. On 24 November 1982, you were convicted at a special court-martial (SPCM) for wrongful possession of an official document. On 12 January 1983, you received your second NJP for wrongful use of a controlled substance. On 29 June 1983, you signed a consent to be held beyond your normal date of expiration of enlistment in order to receive medical treatment for an injury you received in the line of duty. On 12 August 1983, you were convicted at your second SPCM for UA, and failure to obey a lawful order issued by a superior commissioned officer. On 27 September 1983, a physical evaluation board (PEB) determined you were medically unfit for further service and recommend that you be medically separated from the
Navy. On 7 October 1983, you were notified of administrative separation processing by reason of misconduct for commission of a serious offense and drug abuse from January 1983. On 1 December 1983, an administrative discharge board (ADB) convened and recommended an other than honorable (OTH) discharge by reason of misconduct due to commission of a serious offense and drug abuse. On 7 February 1984, the discharge authority directed discharge with an OTH characterization of service by reason of misconduct-drug abuse, and on 15 February 1984, you were discharged and refused to sign your DD Form 214 because you stated that your discharge should not be based on misconduct, drug abuse.

The Board carefully considered your desire to upgrade your discharge and contentions you went toward a medical board for an injury to your right ankle, you are currently homeless and require healthcare. The Board concluded that the severity of your drug related misconduct warranted an OTH characterization of service. In its review, the Board discerned no material error or injustice in your 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.

Sincerely,