Docket No: 5047-19 
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 23 June 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 on 18 August 1982.  On 7 July 1983, you received non-judicial punishment (NJP) for the wrongful use of marijuana.  On 8 December 1983, you received NJP for larceny from another Sailor.  On 4 April 1985, a special court-martial convicted you of three specifications of wrongfully distributing marijuana.  Subsequently, you were notified of pending administrative separation action by reason of misconduct due to drug abuse/trafficking.  You elected to consult with legal counsel and subsequently requested an administrative discharge board (ADB).  The ADB found that you committed misconduct due to drug abuse/trafficking and recommended you receive an other than honorable (OTH) discharge.  The discharge authority concurred with the ADB and directed an OTH discharge by reason of misconduct due to drug abuse.  On 16 August 1985, you were discharged. 
 
The Board carefully weighed all potentially mitigating factors, such as your character letters, police report, your desire to upgrade your discharge, your name change, and your contentions that you were young, your discharge was harsh, and you suffered from addiction while serving in the Navy.  The Board also noted your contentions that you have been an upstanding citizen, are married, have had no legal problems, and you have helped people in the community since your discharge from the Navy.  In this regard, the Board concluded that your misconduct and violation of the Navy’s “Zero Tolerance” drug policy outweighed your desire to upgrade your discharge. 
 
In regard to changing your name on your Certificate of Release or Discharge from Active duty (DD 214).  The Board noted that you should contact the Department of the Navy, Navy Personnel Command (BUPERS), Sailor Assistance Center, Code Pers-312F, 5720 Integrity Drive, Millington, TN 38055-3120 to request that administrative corrections to your name be made on your DD Form 214. 
 
In regard to your contention that you were young, the Board noted that your record reflected your misconduct and the evidence of record did not show that you were not responsible for your conduct or that you should not be held accountable for your actions.  In regard to your contention that your discharge was harsh, the Board noted that your punishment was a direct result of your actions, which resulted in two NJPs and a SPCM conviction.  The Board also noted that an ADB found you committed misconduct and recommended you receive an OTH characterization of service.  In regard to your contention that you suffered from drug addiction while in the Navy, the Board noted that there is no evidence in your record, and you submitted none, to support your contention.  Regarding your contention that you have been an upstanding citizen, married, have had no legal problems, and have helped people in the community since your discharge, the Board noted while commendable, your post service conduct does not excuse your conduct while enlisted in the Navy or the basis for your 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. 
 
                                                                              
Sincerely,