Docket No: 6558-19 
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 for Correction of Naval Records, sitting in executive session, considered your application on 26 August 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, and applicable statutes, regulations, and policies. 
 
You enlisted in the Navy on 21 December 1979.  On 30 June 1983, you received non-judicial punishment (NJP) for wrongful use of marijuana.  Subsequently, you were notified of pending administrative separation action by reason of misconduct due to drug abuse.  After electing to waive your procedural 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 OTH conditions by reason of misconduct.  On 9 September 1983, you were discharged.  
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and contentions that you were young and dumb, that even though you transgressed policy, it never affected your duty performance, and that you are now a law-abiding citizen, a patriarch, a local business owner and a proud veteran.  In this regard, the Board concluded that your violation of the Navy’s “Zero Tolerance” drug policy outweighed your desire upgrade your discharge.  
    
In regard to your contention that you were young and dumb when discharged, the Board noted that the evidence of record did not show that you were not responsible for your conduct or that you should not be held accountable for your actions.  In regard to your contention that even though you transgressed policy, it never affected your duty performance, the Board noted that a Sailor’s service is characterized at the time of discharge based on performance during the current enlistment.  Regarding your contention that you are now a law-abiding citizen, a patriarch, a local business owner and a proud veteran, the Board noted while commendable, your post service conduct is not outweighed by your conduct while you were enlisted in the Navy or the basis for 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 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,