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

Docket No: 1223-19 
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, sitting in executive session, considered your application on 4 March 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 plocies.

You enlisted in the Navy and began a period of active duty on 15 May 1980.  On 11 March 1981, you received non-judicial punishment (NJP) for wrongful possession of marijuana.  On 13 April 1981, you received your second NJP for wrongful use and possession of marijuana.  On 5 November 1981, you received your third NJP for an unauthorized absence (UA) totaling five days.  On 23 December 1981, you received your fourth NJP for absence from your appointed place of duty and failure to obey a lawful order.  On 27 August 1982, you received your fifth NJP for wrongful possession of marijuana.  Subsequently, you were notified of pending administrative action to separate you from the naval service because of misconduct due to frequent involvement of a discreditable nature with military authorities and drug abuse.  You were advised of, and waived, your procedural rights, including your right to consult with and be represented by military counsel, and your right to present your case to an administrative discharge board (ADB).  Your commanding officer (CO) recommended that you be administratively discharged from the naval service with an other than honorable (OTH) characterization of service.  The discharge authority approved your CO’s recommendation and directed that you be administratively discharged with an OTH character of service by reason of misconduct due to drug abuse.  On 9 November 1982, you were so discharged. 

The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge.  The Board considered your contentions that the record is in error and an injustice because you were never in possession of marijuana that was found by the Master-at-Arms, that, instead, you were set up by a fellow Sailor who brought contraband in the form of a “homemade pin pipe” for smoking to your bunk, and that you do not recall being UA but only that you were late coming back from your leave because you miscalculated the driving time, and that, at that time, you contacted the duty officer and explained what was going on.  The Board concluded, however, that these factors were insufficient to warrant relief in your case because of the seriousness of your repeated misconduct, which resulted in five NJP’s.  The Board noted that you received three NJPs for wrongful possession of marijuana, contrary to your contention that you never possessed marijuana and that you were set up.  The board also noted that there is no evidence in your record, and you presented, none to support your contentions. Therefore, the Board discerned no probable 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 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,