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

Docket No: 2953-19
Date: Ref Signature 

Dear  : 

This is in reference to your application of 27 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 14 May 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.
 
Regarding your request for a personal appearances, Board regulations state that personal appearnces before  before the Board are not granted as a right, but only when the Board determines that such an appearance will serve some useful purpose.  In your case, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record.
  
You enlisted in the Navy and began a period of active service on 28 July 1982.  On 29 July 1982, you signed and acknowledged a drug abuse statement of understanding.  On 27 September 1983, you tested positive for marijuana use.  On 19 October 1983, you were counseled regarding your misconduct.  On 7 November 1983, you tested positive for marijuana use.  On 1 December 1983, you were notified of the initiation of administrative separation proceedings by reason of misconduct-drug abuse.  On 13 December 1983, you elected to consult with military counsel and to assert your procedural rights.  On the same day, you received non-judicial punishment (NJP) for wrongful use of marijuana.  On 14 February 1984, an administrative discharge board (ADB) convened and recommended your discharge from naval service by reason of misconduct-drug abuse with an other than honorable (OTH) characterization of service.  On 22 March 1984, your Commanding Officer recommended your discharge by reason of misconduct-drug abuse. On 18 May 1984, the discharge authority approved and directed your discharge.  On 25 May 1984, you were discharged with an other than honorable (OTH) characterization of service by reason of misconduct-drug abuse. 

The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge and contention of youth, post-service drug rehabilitation, and your post-service accomplishments.  The Board commends your post-service conduct.  The Board considered your contentions but 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,