Docket No: 11510-19 
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 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 7 October 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, 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 issue(s) 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 active service on 8 June 1983.  On 11 April 1985, you received non-judicial punishment (NJP) for wrongful use of marijuana. You were counseled on two separate occasions, on 3 May 1985 and 6 May 1985, regarding your drug abuse, and notified further misconduct may result in the initiation of administrative separation proceedings.  On 24 May 1985, your record notes your signed refusal to take antabuse; a prerequisite for entering level II counseling and assistance center (CAAC) substance abuse treatment.  As a result of the foregoing, on 29 May 1985, you were notified of the initiation of administrative separation proceedings by reason of misconduct-drug abuse.  On 3 June 1985, you elected your right to consult with counsel and review of your case by an administrative discharge board (ADB).  However, thereafter, on 19 June 1985, you waived your right to review of your case by an ADB.  On 20 June 1985, your commanding officer recommended your discharge from naval service with an other than honorable (OTH) characterization of service.  On 9 July 1985, the discharge authority approved and directed your discharge with an OTH characterization of service by reason of misconduct.  You were discharged on 23 July 1985. 
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge.  You contend this was your only drug related incident.  You contend you had high evaluation, received awards, promotion to E-4, and qualifications during your period of active service.  You contend that you were informed your discharge would be upgraded in two years.  Please note that there is no provision in law or regulation that provides for an upgrade of characterization based solely on the passage of time.  After careful consideration of your contentions, the Board did not find evidence of an error or injustice that warrants upgrading your characterization of service.   
 
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,