DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S COURTHOUSE ROAD SUITE 1001 
ARLINGTON VA 22204-2490                                                                                                           
Docket No: 10837-19 
Ref: Signature Date 
 

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 for Correction of Naval Records, sitting in executive session, considered your application on 24 August 2020.  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 August 1982.  On 5 August 1982, you acknowledged that you were briefed as to the Navy drug policy, and recertified your acknowledgment on 30 October 1986.  On 24 July 1987, nonjudicial punishment (NJP) was imposed on you for Wrongful Use of Marijuana.  On 28 September 1987, NJP was imposed on you for Failure to Obey an Order or Regulation.  You participated in a Drug Rehabilitation program, but you were dismissed from the program for noncompliance and having five positive urinalysis tests while in the program.  Subsequently, on 29 September 1987, you were notified of administrative separation action due to Drug Abuse.  You waived your right to consult with counsel and your right to an administrative board.  On 17 November 1987, your Commanding Officer recommended you be separated with an Other than Honorable (OTH) discharge.  On 5 December 1987, the Separation Authority directed you be administratively separated with an OTH discharge.  You were discharged from the Navy on 18 December 1987, with an OTH discharge.   
 
You requested an upgrade of your discharge characterization.  You stated that you had a positive test for marijuana, then went on restriction and never got a clean test.  You asserted you were never offered a course of rehabilitation.  The Board concluded these factors and assertions were not sufficient to warrant a change to your narrative reason given your misconduct, which resulted in two NJPs.  The Board noted, that contrary to your contention, the record shows that you participated in a Drug Rehabilitation program, but you were dismissed from the program for noncompliance and having five positive urinalysis tests while in the program.  The Board also noted that you waived your rights with regard to discharge proceedings.   
 
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 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,