DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490 

Docket No: 0657-19 
Ref: Signature Date 

Dear ,

This is in reference to your application of 8 November 2018 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 Boards, sitting in executive session, considered your application on 29 January 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, and applicable statutes, regulations, and policies.
 
You enlisted in the Navy and began a period of active duty on 16 October 1981.  On 14 December 1982, you received non-judicial punishment (NJP) for wrongful use and possession of marijuana.  On 12 December 1983, you were convicted by civilian authorities of driving under the influence of alcohol.  On 30 January 1984, you received your second NJP for unauthorized absence, wrongful use of marijuana, and wrongful possession of marijuana paraphernalia.  Subsequently, you were notified of an administrative action to separate you from the naval service.  After consulting with legal counsel, you elected to present your case to an administrative discharge board (ADB).  On 12 March 1984, an ADB was convened and recommended administrative separation from the naval service with an other than honorable (OTH) characterization of service. Your commanding officer (CO) recommended that you be administratively discharged from the naval service with an OTH characterization of service.  The discharge authority directed that you be administratively discharged with an OTH characterization of service by reason of misconduct due to drug abuse.  On 4 September 1984, you were so discharged. 

The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge.  The Board considered your assertion that your request for an upgrade of your discharge is so that you may receive help with housing.  The Board concluded that these factors were insufficient to warrant relief in your case because of the seriousness of your repeated misconduct that resulted in a civilian conviction and two NJP’s, which included wrongful drug use.  Under the totality of the circumstances, the Board determined there was no probable material error or injustice in the 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,