Docket No: 0375-19 
Ref: Signature Date 
 
 
Dear : 
 
This is in reference to your application of 21 September 2018 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 15 January 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 duty on 17 January 1980.  On 26 April 1982, you were convicted by special court-martial (SPCM) of three specifications of wrongful sale of marijuana, three specifications of wrongful transfer of marijuana, wrongful use of marijuana, wrongful possession of marijuana, and wrongful possession of marijuana with intent to distribute.  As punishment, you were adjudged confinement and forfeiture of pay. 
 
Subsequently, you were notified of an administrative action to separate you from the naval service because of misconduct due to drug abuse.  You consulted with military counsel, and you waived your right to present your case to an administrative discharge board (ADB).  Your commanding officer (CO) recommended that you be administratively discharged from the naval service with a general (under honorable conditions) characterization of service.  The discharge authority directed that you be separated from the naval service with an other than honorable (OTH) characterization of service by reason of misconduct due to drug abuse.  On 6 July 1982, 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 was a good service member.  You performed all of your duties above normal while you were in the Navy.  You made a mistake and it was a one-time deal.  The NIS agent led you to believe that you was going to get some kind of loss of rank and/or a pay cut.  The Board concluded these factors were not sufficient to warrant relief in your case because of the seriousness of your misconduct that resulted in a SPCM conviction.  You also waived your right to an ADB, and thereby forfeited your best opportunity to receive a better characterization of service.  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.