Docket No: 4698-19 
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 6 July 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, as well as applicable statutes, regulations, and policies. 
 
You enlisted in the Navy and began a period of active duty on 24 February 1982.  On 11 May 1983, you received nonjudicial punishment (NJP) for Wrongful Use of Marijuana and received a retention warning.  On 9 May 1984, you received NJP for Missing Movement and received another retention warning.  On 15 November 1984, you received NJP for Wrongful Possession of Marijuana.  On 14 December 1984, you were notified of proposed administrative discharge action by reason of Misconduct - Drug Use.  You waived both your right to consult with counsel and your right to request an administrative board.  On 18 December 1984, your commanding officer (CO) forwarded your case to the separation authority, recommending that you be administratively separated.  On 25 January 1985, the Separation Authority concurred with your CO’s recommendation for separation, and directed that you be discharged with an other than honorable characterization of service (OTH).  You were discharged with an OTH characterization of service on 4 February 1985. 
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge, letters of support, and assertions that you believed your discharge to be administrative, not misconduct as you were told the discharge was to be by mutual-agreement.  The Board also considered your assertions that you turned your life around tremendously since your discharge due to your Navy time, training and deployments.  The Board concluded these factors and assertions were not sufficient to warrant a change to your discharge given your misconduct, which resulted in two NJPs for wrongful drug use.  The Board noted you waived your procedural rights in connection with your administrative separation.  By doing so, you gave up your first, and best, opportunity to advocate for retention or a more favorable characterization of service. 
 
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,