DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 
                             
               
Docket No: 1252-19 
            
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 2 June 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, and applicable statutes, regulations, and policies. 
 
You enlisted in the Navy and began a period of active duty on 17 July 1980.  On 19 May 1982, you acknowledged and signed a Navy Drug Policy Statement of Awareness.  On 15 December 1983, you received nonjudicial punishment (NJP) for wrongful possession and use of marijuana.  Your punishment included forfeiture of pay, restriction, extra duty, and reduction in paygrade to E-3.  On 19 April 1984, you received nonjudicial punishment (NJP) for wrongful possession and use of marijuana, and received forfeiture of pay, restriction, extra duty, and reduction in paygrade to E-2.  On 20 April 1984, you were notified of an administrative discharge action for misconduct due to drug abuse.  After being afforded your procedural rights, you waived your right to present your case before an administrative discharge board.  On 6 May 1984, your case was forwarded to the separation authority with the recommendation that you receive an other than honorable (OTH) discharge for misconduct due to drug abuse.  On 11 May 1984, the separation authority concurred and directed that you be separated from the Navy with an OTH discharge due to drug abuse.  On 18 May 1984, you were discharged from the Navy with an OTH characterization of service. 
 
The Board carefully weighed all potentially mitigating factors, such as your record of service, desire to have your characterization of service upgraded, and to receive medical care.  The Board also considered your assertions that at the time of the infraction, you self-medicated due to the stress of being an Aviation Boatswains Mate, that it was a single incident, and you hired an attorney to plead your case, who in turn, was removed from the ship before your NJP.  Additionally, the Board considered your contentions that at the time of the infraction, your rank was E-4, and at your NJP, you were demoted one paygrade to E-3.  You contend that your DD 214 states your last rank was as an E-2, and you were only in trouble one time during your service.  The Board concluded these factors and assertions were not sufficient to warrant recharacterization of your discharge given your two NJPs for drug abuse.  With regard to your contentions, please be advised that you were the subject of not one, but two NJPs involving the wrongful use of marijuana.  As a result of your second NJP, part of your punishment was a reduction to paygrade E-2, which is accurately reflected on your Certificate of Release or Discharge from Active Duty (DD Form 214).   
 
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,         
 
                                                                       7/16/2020