Docket No: 7180-19 
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 16 September 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. 
 
Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issue(s) involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 
 
You enlisted in the Navy on 24 June 1985.  On 24 January 1986 and 26 November 1986, you received non-judicial punishment (NJP) for wrongful use of marijuana and wrongful use of cocaine respectively.  On 1 December 1986, you were notified of pending administrative separation action by reason of misconduct due to drug abuse.  After electing to waive your rights, your commanding officer recommended your discharge under other than honorable (OTH) conditions by reason of misconduct due to drug abuse.  The discharge authority approved the recommendation and directed your separation under OTH conditions by reason of misconduct due to drug abuse.  On 19 December 1986, you were discharged.  
 
The Board carefully weighed all potentially mitigating factors, such as the information from a  TV station, a 60 Minutes TV Series, photos of yourself and another individual, along with your desire to upgrade your discharge, and contention that you were an 18 years old kid from the inner city who had never been away from home.  The Board also noted your contentions that an undercover reporter doing research on drug use in the military befriended you and introduced you to drugs, women, and partying, while building his career at your expense; and that you have been a truck driver for over 30 years with no criminal record.   
 
The Board noted that your record clearly reflects your misconduct, and the evidence of record does not show that you were not responsible for your conduct, or that you should not be held accountable for your actions.  The Board further noted that there is no evidence in your record, and you submitted none, to support your contentions regarding the undercover reporter.  The Board also noted that the record shows you were notified of, and waived your right to present your case to an administrative board.  In doing so, you gave up your first and best opportunity to advocate for retention, assistance, or a more favorable characterization of service.  Finally, the Board found it commendable that you have been a truck driver for over 30 years with no criminal record, however, your post service conduct does not excuse your conduct while enlisted in the Navy or the basis for your discharge.  Ultimately, the Board concluded that your misconduct and violation of the Navy’s “Zero Tolerance” drug policy outweighs your desire upgrade 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,