Docket No: 5427-19 
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  
22 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 service on 13 December 1983.  On 15 December 1983, you were counseled regarding the Navy’s policy on drug and alcohol abuse.  On 23 August 1984, you received non-judicial punishment (NJP) for wrongful use of a controlled substance-marijuana.  On 28 August 1984, you were counseled regarding your drug related misconduct, and notified further deficiencies may result in the initiation of administrative separation proceedings.  On 30 June 1986, you received your second NJP for wrongful use of a controlled substance-marijuana.  On 11 July 1986, you were notified of the initiation of administrative separation proceedings by reason of misconduct-drug abuse.  On 15 July 1986, you elected your right to consult with counsel and to have your cased reviewed by an administrative discharge board (ADB).  On 6 August 1986, an ADB convened and recommended your separation from naval service, with an other than honorable (OTH) characterization of service by reason of misconduct-drug abuse.  On 26 November 1986, the discharge authority approved and directed your discharge.  On 5 December 1986, you were discharged with an other than honorable (OTH) characterization of service by reason of misconduct-drug abuse. 
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge, your contention of your difficulty finding employment since your discharge from naval service.  Please note there is no provision of law or in Navy regulations that allows for recharacterization of service due solely on the issue of obtaining employment. The Board considered your contentions but concluded that the severity of your repeated drug related misconduct outweighed your current desire to upgrade 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,