DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 2282-19 Date: Ref Signature Dear This is in reference to your application of 10 February 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 18 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 service on 24 December 1980. On 5 August 1981, you received non-judicial punishment (NJP) for violation of a lawful general regulation by being in possession of drug paraphernalia, and subsequently you were counseled regarding your misconduct, and you were notified further deficiencies may result in administrative separation processing. On 26 October 1981, you were convicted at a summary court-martial (SCM) for unauthorized absence (UA), and being disrespectful in language to your superior petty officer. You tested positive for marijuana on 18 January 1982, and 25 January 1982. On 18 February 1982, you received NJP for UA. On 8 March 1982, you underwent a substance abuse evaluation and you were determined to not be drug dependent. On 15 March 1982, you were notified of the initiation of administrative separation proceedings for frequent involvement and drug abuse, at which point, you waived your right to consult with counsel and your procedural rights. On 18 March 1982, you submitted a request for early return to the civilian community, and you acknowledged that your final characterization of service would be chosen by the Chief of Naval Personnel (CNP). On 1 April 1982, the separation authority approved and directed your discharge with an other than honorable (OTH) characterization of service for misconduct-frequent involvement. You were discharged on 22 March 1982. The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge and contention of racism, youth and drug and alcohol addiction. The Board noted that there is no evidence in your record, and you submitted none, to support your contentions. Concerning your assertion of racial prejudice, there is no indication in the record that such problems, if they existed at the time of your service, were serious enough to excuse you of responsibility for your actions or were sufficiently mitigating to warrant recharacterization. The Board concluded that there was no probable material error or injustice 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. Sincerely, 4/2/2020