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

Docket No: 1347-19 
Date: Ref Signature 

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 12 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 reenlisted in the Navy and continued a period of active service on 24 March 1981. On 13 August 1981, you received non-judicial punishment (NJP) for falling asleep on watch.  On 29 September 1981, you received NJP for possession of marijuana.  Subsequently, you were counseled regarding your misconduct and notified that further misconduct may result in administrative separation processing.  On 28 May 1982, you were convicted at a special court-martial (SPCM) for two specifications of unauthorized absence (UA) and breaking restriction.  On 5 October 1983, you tested positive for marijuana use.  On 3 November 1983, you underwent a medical evaluation and you were determined not to be drug and alcohol dependent.  On 8 November 1983, you waived counsel and your procedural rights.  On 16 November 1983, you were notified of the initiation of administrative separation processing by reason of misconduct-pattern of misconduct and misconduct-drug abuse.  On 14 December 1983, the discharge authority directed reprocessing of your administrative separation proceedings.  As a result of the foregoing, on 5 January 1984, you were notified of administrative separation by reason of misconduct-commission of a serious offense.  On 9 January 1984, your commanding officer recommended your discharge by reason of misconduct-commission of a serious offense.  On 12 February 1984, the discharge authority approved and directed an other than honorable (OTH) characterization of service by reason of misconduct-commission of a serious offense.  You were discharged on 17 February 1984. 

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and contention that your social security number was incorrect on your positive urine sample.  The Board noted that you were discharged by reason of misconduct-commission of a serious offense.  The Board considered your contentions, but concluded that the severity of your misconduct outweighed your current desire to upgrade your discharge.  The Board in it review discerned no probable material error or injustice in the 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. 

Sincerely,