Docket No: 5567-19 
Date: Ref Signature 
 

 Dear  : 
 
This is in reference to your application received on 3 June 2019 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 15 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 17 November 1981.  You received non-judicial punishment (NJP) on 21 March 1985 and 12 December 1985 for wrongful use of a controlled substance-marijuana.  On 12 December 1985, you were notified of the initiation of administrative separation proceedings by reason of misconduct-drug abuse, at which point, you elected to consult with counsel, and to assert your procedural rights.  On 29 January 1986, an administrative discharge board (ADB) convened and recommended your discharge from naval service with an other than honorable (OTH) characterization of service by reason of misconduct-drug abuse.  On 20 February 1986, your commanding officer recommended your discharge by reason of misconduct-drug abuse.  On 2 March 1986, the discharge authority approved and directed your discharge with an OTH characterization of service by reason of misconduct-drug abuse.  On 21 March 1986, you were discharged. 
 
The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge.  You submitted statements from Mr. J…. who states, he was your supervisor at the time of your discharge.  Mr. J…. contends you were a good Sailor, and you were experiencing family hardships at the time of your discharge.  The Board reviewed all documents submitted with your application.  The Board noted that at the time of your separation, your former supervisor, FC1 J…., testified at your ADB and recommended your retention in naval service, however, the record clearly reflects the ADB recommended your discharge.  The Board concluded that your discharge was appropriate based on the seriousness of your misconduct. 
 
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,