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

Docket No: 1302-19 
Ref: Signature date 
 
 
Dear : 
 
This letter 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 11 February 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, 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 issues 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 on 9 May 1980.  During the period from 14 November 1980 to 22 June 1983, you received seven non-judicial punishments (NJP) for misconduct including three specifications of unauthorized absence (UA) totaling 25 days six hours and 30 minutes, missing ship’s movement, three specifications of absence from your appointed place of duty, failure to obey a lawful order, possession of marijuana, and wrongful use of marijuana.  Subsequently, you were notified of pending administrative action to separate you from the naval service by reason of misconduct due to drug abuse.  After you were advised of, and waived, your procedural rights, your commanding officer (CO) recommended that you be discharged with an other than honorable (OTH) characterization of service by reason of misconduct due to drug abuse. 
 
The discharge authority approved this recommendation and, on 18 August 1983, you were so discharged. 
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and your contentions that you would like to be buried next to your family members that served in the military, that you are not a felon, that you have not smoked “pot” in over 30 years, and that you worked in the engine room operating distilling plants.  However, the Board concluded that your violation of the Navy’s “Zero Tolerance” drug policy outweighed your desire upgrade your discharge. 
 
In regard to your contention that you would like to be buried next to your family members that served in the military, the Board noted that whether you are eligible to be buried next to your military family members is a matter under the cognizance of your local National Cemetery or your local cemetery, and you may contact those entities concerning your right to apply for this benefit.  In regard to your contention that you are not a felon, have not smoked pot in over 30 years, and worked in the engine room operating distilling plants, the Board noted that, while commendable, your post-service conduct does not excuse your conduct while enlisted in the Navy, or the basis for 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 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.