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

Docket No: 0737-19 
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 22 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, together with all material submitted in support thereof, relevant portions of your naval record, applicable statutes, and regulations and policies.

You enlisted in the Navy and began a period of active service on 9 March 1983.  On 9 April 1983, you were briefed on the Navy’s “Zero Tolerance” drug policy. From the period beginning on 26 August 1983 to 24 July 1984 you received non-judicial punishment (NJP) on three occasions for the following offenses: two specifications of unauthorized absence (UA), failure to obey an order, disrespectful language to a superior chief petty officer, violation of a lawful order by possessing drug paraphernalia, resisting apprehension, drunk and disorderly conduct, breach of peace, and communicating a threat.  On 30 July 1984, you were notified of the initiation of administrative proceedings to separate you from the naval service by reason of misconduct-pattern of misconduct, at which point, you waived counsel and you procedural rights.  Yourcommanding officer “strongly” recommended that you be discharged with an other than honorable (OTH) characterization of service.  On 12 August 1984, the discharge authority approved, and directed your discharge with an OTH characterization of service by reason of misconduct-pattern of misconduct.  On 21 August 1984, you were so discharged 
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge as a matter of clemency, and your contention that you deeply regret your actions and that you have been sober for 7 years.  The Board commends your sobriety.  Notwithstanding, the Board concluded that the severity of your repeated misconduct outweighed your current desire to upgrade your discharge.  Under the totality of the circumstances, the Board in it review discerned 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,