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

Docket No: 1711-19 
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 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, applicable statutes, and regulations and policies. 

You enlisted in the Navy and began a period of active service on 20 November 1981. On 23 November 1982, you received non-judicial punishment (NJP) for marijuana use.  On 14 January 1983, you received NJP for UA and two specifications of missing restricted men’s muster.  On 7 March 1983, you were counseled regarding your drug related misconduct, and you were notified that further misconduct may result in administrative separation processing.  You went on a period of unauthorized absence from 18 December 1983 until you were apprehended by civil authorities on 16 April 1984.  On 5 June 1984, you were notified of the initiation of administrative separation proceedings by reason of misconduct-pattern of misconduct, misconduct-commission of a serious offense, and misconduct-drug abuse.  On 7 June 1984, you waived your right to consult with counsel and your other procedural rights.  On 21 June 1984, the discharge authority approved and directed your discharge with an other than honorable (OTH) characterization of service by reason of misconduct-pattern of misconduct.  You were discharged on 12 July 1984. 

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge, and your contention that you were informed your discharge would be upgraded 6 months after your discharge.  There is no provision of law or in Navy regulations that allows for upgrading the characterization of service due solely to the passage of time.  The Board concluded that the severity of your repeated 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,