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 case on its merits.  A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 14 November 2019.  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 and applicable statutes, regulations and policies.   
 
A review of your record shows that you entered active duty with the Navy in April 1977.  Non-judicial punishment was imposed on you for assault and unauthorized absence on 19 March 1980 and 9 April 1980 before you reenlisted in 1981.  You were counselled for drug use on 28 May 1982 and your recommendations for retention and promotion were withdrawn.  You were subsequently involved in a motor vehicle accident in 1983 which resulted in your hospitalization.  However, you tested positive for marijuana use and admitted to smoking marijuana during your hospitalization.  As a result, non-judicial punishment was imposed on you on 29 April 1983 leading to your administrative separation on 9 June 1983 with an Other than Honorable characterization of service. 
 
The Board carefully considered your arguments that you deserve an upgrade to your characterization of service to Honorable.  You assert that you needed to self-medicate since the Navy failed to meet the standard of care in providing treatment after your motor vehicle accident.  Unfortunately, the Board disagreed with your rationale for relief.  First, the Board found no error in the assignment of an Other than Honorable characterization of service based on your admission of wrongful drug use.  Considering you had a previous counselling from wrongful drug use in 1982, the Board concluded that your wrongful drug use in 1983 was a significant departure from that expected from a Sailor and me the criteria for an Other than Honorable characterization of service.  Second, the Board considered whether an injustice exists in your record to merit an upgrade to your characterization of service.  The Board determined the evidence does not support a change based on an injustice argument.  The Board considered several factors in reaching their conclusion.  One, the fact you were previously counseled against wrongfully using drugs aggravated, in the Board’s opinion, your wrongful drug use in 1983.  Two, you were involved in a motor vehicle accident in which you were charged with negligent homicide.  In the Board’s opinion, this was significant aggravating evidence in your record that reduces any mitigation offered by the injuries you may have suffered in the accident.  Three, you provided no evidence to support your assertion that the Navy failed to properly care for you after your accident.  In other words, the Board found insufficient evidence to substantiate your assertion you were required to self-medicate with marijuana due to your injuries.  So despite evidence that you suffered serious injuries in your 1983 accident, the Board felt the preponderance of the evidence did not support your assertions that you were required to self-medicate.  Four, the Board noted you already possess an Honorable discharge from your first enlistment in the Navy.  This fact also reduces your argument that an injustice exists from your Other than Honorable characterization of service issued for your second enlistment.  Accordingly, the Board determined insufficient evidence of error or injustice exists to warrant a change to your record. 
 
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 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.