Docket No: 2702-19 
Ref: Signature Date 



This is in reference to your application of 22 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 23 April 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 6 November 1984.  On 26 September 1985, you received non-judicial punishment (NJP) for wrongful use of marijuana and wrongful possession of hashish.  Subsequently, you were notified of pending administrative action to separate you from the naval service because of misconduct due to drug abuse as evidenced by testing positive for cannabinoid during a unit sweep urinalysis and non-amenability to rehabilitattion as evidenced by a positive urinalysis for cocaine from weekly urinalysis surveillance program.  You were advised of, and elected, your procedural right to consult with military counsel.  After consulting with military counsel, you waived your right to present your case to an administrative discharge board (ADB).  Prior to the commandingofficer’s (CO) recommendation, you received your second NJP for larceny. Your CO recommended that you be administratively discharged from the naval service with an other than honorable (OTH) characterization of service.  The discharge authority approved the CO’s recommendation and directed that you be administratively discharged with an OTH characterization of service by reason of misconduct due to drug abuse.  On 12 January 1987, you were so discharged. 

The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge.  The Board considered your contentions that you had no “worldly” experience prior to joining the service.  You further contend that you did not receive any type of substance abuse counseling, treatment or education.  If you had received counseling treatment or education after your first “conviction,,you would not have had a second offense.  Additionally, you feel that you served honorably for the majority of your two years and two months on active duty.  You state that the repercussions of your mistakes without medical or educational support do not meet the standard of fair and equitable. 

The Board considered your youth and immaturity, however, concluded that these factors were insufficient to warrant relief in your case because of the seriousness of your repeated misconduct that resulted in two NJPs, which included wrongful drug use and an additional positive urinalysis for cocaine.  Regarding your contention concerning treatment, your command was not required to send you to drug rehabilitation treatment unless it was determined, by competent medical authority, that you were drug dependent.  The record reflects that medical authority evaluated you and it was determined that you were not drug dependent.  Under the totality of the circumstances, the Board 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.