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

Docket No: 9693-18                                     
Ref: Signature Date 

This letter is in reference to your application of 25 April 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 23 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, and applicable statutes, regulations, and policies. 

You enlisted in the Navy and began a period of active duty on 20 October 1982.  You served for a year and four months without disciplinary incident, but on 8 February 1984 and 13 March 1984, you received non-judicial punishment (NJP).  Your offenses were unauthorized absence (UA) from your unit for periods totaling three days, dereliction in the performance of your duties, wrongful possession of drug paraphernalia, and wrongful use of marijuana.  Subsequently, you were notified of pending administrative action to separate you from the naval service with an other than honorable (OTH) discharge by reason of misconduct due to drug abuse.  You waived your right to consult with legal counsel and to present your case to an administrative discharge board (ADB).  Your commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse.  On 22 April 1984, the discharge authority approved this recommendation and directed separation under other than honorable conditioned by reason of misconduct.  On 4 May 1984, you were so discharged. 

The Board carefully weighed all potentially mitigating factors in your case, including your contention that you have been wronged and terribly hurt by the incidents that happened at your command.  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 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 by your record, failed to overcome that presumption.   

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, 


11/8/2019