Docket No: 4448-19 
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 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 26 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. 
 
You enlisted in the Navy and began a period of active duty on 30 May 1980.  On 10 September 1980, you received nonjudicial punishment (NJP) for unauthorized absence (UA).  On 10 December 1980, you received NJP for UA.  On 7 August 1981, you received NJP for failure to go and dereliction of your duties.  On 15 September 1981, you received NJP for UA and dereliction of your duties.  On 3 September 1982, you received NJP for violation of a lawful order.  Subsequently, administrative discharge action was initiated by reason of misconduct - frequent involvement of a discreditable nature with military authorities.  On 1 November 1982, you received NJP for UA.  On 8 November 1982, you received NJP for wrongful use of marijuana.  On 8 November 1982, you waived your right to consult with counsel and to present your case to an administrative board.  On 10 December 1982, you were re-notified of an administrative action to separate you from the naval service for misconduct - drug abuse and commission of a serious offense.  On 11 December 1982, you again waived your right to consult with counsel and to present your case to an administrative board.  After being afforded all of your procedural rights, your case was forwarded to the separation authority for review.  On 20 January 1983, your Commanding Officer recommended that you receive an other than honorable (OTH) characterization of service.  On 20 February 1983, the separation authority directed that you be separated with an OTH characterization of service.  On 28 February 1983, you were so discharged. 
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge, and assertions that you have been, and continue to be, a good citizen.  The Board also considered your assertions that you were too young and naive to realize the honor and opportunity of serving and that you served well.  Finally, the Board considered your assertions that you wish you could have stayed away from drugs and alcohol. You contend that you volunteer at drug treatment facilities and jails and have been clean and sober for 29+ years.  The Board concluded these factors and assertions were not sufficient to warrant a change to your discharge given your misconduct, which resulted in seven NJPs. 
 
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, 
 
7/9/2020