Docket No: 3110-19 
Date: Ref Signature 

Dear 


This is in reference to your application of 26 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, together with all material submitted in support thereof, 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 30 September 1977.  On 25 June 1980, you received non-judicial punishment (NJP) for possession of marijuana.  On 13 September 1980, you received NJP for absence from your appointed place of duty, and disobeying a lawful order.  On 15 November 1980, you received NJP for two specifications of wrongfully possessing valium, a controlled substance, and two specifications of wrongfully transferring valium.  As a result of the foregoing, on 30 November 1980, you were notified of the initiation of administrative separation proceedings by reason of misconduct-drug abuse, at which point, you elected counsel and to assert your procedural rights.  On 8 January 1981, an administrative discharge board (ADB) convened and recommended your discharge by reason of misconduct-drug abuse.  On 16 January 1981, you received NJP for destruction of non-military property.  On 11 February 1981, your Commanding Officer recommended your discharge by reason of misconduct-drug abuse.  On 8 April 1981, you received NJP for absence from your appointed place of duty, and failure to obey a lawful order.  On 10 April 1981, the separation authority approved and directed your discharge with an other than honorable (OTH) characterization of service by reason of misconduct-drug abuse.  On 23 April 1981, 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 a good Sailor until your disciplinary incident.  The Board reviewed all evidence submitted with your application.  The Board noted your statements are contrary to your naval record, your record reflects two drug related incidents during your enlistment.  The Board determined that your desire to upgrade your discharge was not enough to outweigh the significant repeated drug related misconduct you committed. 

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.