Docket No: 5164-19 
 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 29 July 1981.  On 8 December 1982, you received non-judicial punishment (NJP) for disorderly conduct.  On 2 April 1984, you received NJP for wrongful use of marijuana.  Subsequently, you were notified of pending administrative separation action by reason of misconduct due to drug abuse.  After you waived your rights, your commanding officer (CO) recommended discharge under other than honorable (OTH) conditions by reason of misconduct due to drug abuse.  The discharge authority approved this recommendation and directed separation under other than honorable conditions by reason of misconduct.  On 25 May 1984, you were discharged. 
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and contention that your discharge should be upgraded due to the change in marijuana laws.  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 your contention that your discharge should be upgraded due to the change in marijuana laws, the Board noted that the Navy’s “Zero Tolerance” drug policy is still in effect, and, throughout the military, there have been no changes to the “Zero Tolerance” drug policy. 
 
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.