Docket No: 5722-19 
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 20 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, 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 13 August 1981.  On 20 March 1986, nonjudicial punishment (NJP) was imposed on you for Wrongful Use of Marijuana.  On 5 May 1986, NJP was imposed on you for consuming alcohol in barracks while on restricted status, and being incapacitated for the proper performance of duties.  On 1 May 1986, you were notified of proposed administrative board procedure processing against you for misconduct due to commission of a serious offense and misconduct due to drug abuse.  You waived your right to consult with counsel and your right to request an administrative board.  On 9 May 1986, your Commanding Officer recommended administrative separation with an Under Other than Honorable (OTH) discharge.  On 21 May 1986, the Separation Authority directed your discharge under OTH conditions.  You were discharged from the Navy on 3 June 1986, with an OTH characterization of service. 
 
You requested an upgrade of your discharge characterization from OTH to General.  You stated that you were immature, but that didn’t stop you from performing to the best of your ability.  You also stated that the Command Master Chief prevented you from reporting to USS .  The Board concluded these factors and assertions were not sufficient to warrant a change to your discharge characterization given your misconduct, which resulted in two NJPs, including one for Wrongful Use of Marijuana.  The Board noted that you waived your rights with regard to discharge proceedings.  By doing so, you waived your first, and best, opportunity to advocate for retention, or a more favorable characterization of 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,