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

Docket No: 9365-18
Date: Ref Signature

Dear	:

This is in reference to your application of 21 October 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 30 September 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.

You enlisted in the Navy and began a period of active duty on 4 Ocotber 1982. On 2 February 1982, you signed the Navy’s policy regarding drug and alcohol abuse. On 10 October 1983, you tested positive for use of marijuana. On 17 November 1983, you tested positive for use of marijuana.  On 12 March 1984, you tested positive for use of marijuana. Subsequently, administrative discharge action was initiated by reason of misconduct due to drug abuse. On 14 July 1984, an administrative board found that you had used drugs, and recommended that you be separated from the naval service with an other than honorable (OTH) characterization of service due to misconduct. On 27 July 1984, your commanding officer (CO) concurred with the board and recommended you be separated with an OTH characterization of service noting that you were “enrolled in a USS    rehabilitation program” and that you subsequently tested positive for marijuana. On 30 August 1984, you were discharged with an OTH characterization of service. On 20 July 1989, the Naval Discharge Review Board denied your request for an upgrade.

Your request was fully and carefully considered by the Board in light of the Secretary of Defense’s 3 September 2014 memorandum, “Supplemental Guidance to Military Boards for Correction of Military/Naval Records Considering Discharge Upgrade Requested by Veterans Claiming Post Traumatic Stress Disorder,” the 25 August 2017 memorandum, “Clarifying Guidance to Military Discharge Review Boards and Boards for Correction of Military/Naval Records Considering Requests by Veterans for Modification of their Discharge Due to Mental Health Conditions, Sexual Assault, or Sexual Harassment,” and the 25 July 2018 memorandum, “Guidance to Military Discharge Review boards and Boards for Correction of Military/Naval Records Regarding Equity, Injustice, or Clemency Determinations.” The Board carefully considered your assertion that you were self-medicating due to stress, depression, and homesickness.

The Board weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge and change your separation authority. The Board considered your assertions that you were devastated to learn about your mother’s medical condition and used marijuana while you were distraught.  The Board also considered your assertions that your age and immaturity led to a stupid mistake, that you never had the opportunity to go to captain’s mast and that this is legal error. The Board also acknowledged your assertion that Sailors should be given a chance to be rehabilitated and told that what they are doing is not acceptable, not be sent straight to an administrative board without punishment that could have rehabilitated them.Additionally, the Board considered your family, work, and community service. The Board concluded these factors and assertions were not sufficient to warrant a change the characterization of you discharge given your repeated use of marijuana.

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,