DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 1850-19 Ref: Signature Date Dear: This is in reference to your application of 28 January 2019 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 3 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, 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 28 March 1984. On 14 December 1984, you received non-judicial punishment (NJP) for wrongful use of marijuana. On 8 June 1987, you tested positive for amphetamines/methamphetamines. On 14 January 1987, you received NJP for wrongful use of cocaine and marijuana. During the period from 28 December 1987 to 10 February 1988, you tested positive for marijuana seven times. Subsequently, you were notified of an administrative action to separate you from the naval service for misconduct - drug abuse. You elected to consult with legal counsel and subsequently requested an administrative discharge board (ADB). The ADB found that you committed misconduct due to drug abuse and recommended that you be discharged with an other than honorable (OTH) characterization of service. The discharge authority concurred with the ADB and directed an OTH. On 25 March 1988, you were so discharged. The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge and contention that you were addicted to drugs, asked for help, but was excommunicated and given an OTH discharge. Contentions that prior to discharge, you were a model Sailor, Sailor of the Quarter, and a candidate for ship’s Sailor of the Quarter. The Board also noted your contentions that after your discharge, you were able to become clean, live a productive life, and you served three days shy of a four-year commitment. In this regard, the Board concluded that your misconduct outweighed your desire upgrade your discharge. Regarding your contention that you were addicted to drugs, asked for help, but was excommunicated and given an OTH discharge, the Board noted that there is no evidence in your record, and you submitted none, to support your contentions. The Board also noted that you elected to consult with legal counsel and subsequently requested an ADB. The ADB found that you committed misconduct due to drug abuse and recommended you be separated with an OTH characterization of service. Regarding your contentions that prior to discharge, you were a model Sailor, Sailor of the Quarter, and a candidate for ship’s Sailor of the Quarter, the Board noted that a Sailor’s service is characterized at the time of discharge based on performance during the current enlistment. Regarding your contention that after discharge, you were able to become clean and live a productive life, the Board commends you for your post service conduct bot notes that the accomplishments do not fully mitigate your conduct while enlisted in the Navy or the basis for your discharge. Regarding the contention you served three days shy of a four-year commitment, the Board noted that the record shows that you had two NJPs and tested positive for marijuana, cocaine, and methamphetamines prior to being notified of administrative separation, which resulted 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 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.