Docket No: 4108-19 
             Ref:  Signature Date 
 
 
 
Dear : 
 
This is in reference to your application 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 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 21 September 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 1 November 1985.  On 2 November 1985, you were briefed on the Navy’s policy regarding drug and alcohol abuse.  On 30 March 1988, you made a statement to the Naval Investigative Service regarding your drug involvement.  On 14 April 1988, you received nonjudicial punishments (NJP) for wrongful use of marijuana.  On 20 April 1988, you were notified of administrative discharge action due to drug abuse.  After being afforded your procedural rights, you elected to have your case heard before an administrative discharge board (ADB).  On 8 June 1988, the ADB found that you committed misconduct due to drug abuse and recommended you receive an other than honorable (OTH) discharge.  On 30 July 1988, your commanding officer forwarded your case to the separation authority concurring with the ADB’s findings and recommendation.  On 16 July 1988, the separation authority directed that you receive an OTH discharge due to drug abuse.  On 20 July 1988, you were discharged from the Navy with an OTH characterization of service. 
 
The Board carefully weighed all potentially mitigating factors, such as your record of service, and desire to have your characterization of service upgraded.  The Board also considered your assertions that your plans to remain in the Navy until retirement were derailed with your decision to smoke marijuana.  The board additionally considered your assertion that post-service, you held various positions, have been a solid husband for 27 years, proud of your 30-year business career, raised one son, and are in the process of updating your resume.  However, the Board concluded that these factors and assertions were not sufficient to warrant a change to your characterization of service, when considering the misconduct reflected in your record.  
  
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 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,