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

Docket No: 7528-19 
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 14 April 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, as well as applicable statutes, regulations, and policies.
 
You enlisted in the Navy and began a period of active duty on 10 June 1983. On 25 April 1985, you received nonjudicial punishment (NJP) for dereliction of duty and were awarded extra duties and reduction in rank; the reduction was suspended for three months.  On 22 August 1985, you received a second NJP for unauthorized absence (UA) and were awarded forfeiture of pay, restriction, extra duties, and reduction in rank. You were counseled that failure to take corrective action could result in administrative separation and judicial proceedings.  On 26 September 1985, you began a period of unauthorized absence (UA) that continued until you surrendered on 3 October 1985. On 4 October 1985, you received a third NJP for UA and dereliction of duty.  You were awarded forfeiture of pay, restriction, extra duties, and reduction in rank.  On 31 December 1985, you began another period of unauthorized absence (UA) that continued until you surrendered on 8 January 1986. On 9 January 1986, you received a fourth NJP for UA and wrongful use of marijuana.  You were awarded forfeiture of pay, extra duties, and restriction.  On 15 January 1986, administrative discharge action was initiated due to a pattern of misconduct.  After being afforded all of your procedural rights, you waived them, and your case was forwarded to the separation authority for review.  Your commanding officer recommended that you be discharged with an other than honorable (OTH) characterization of service.  The separation authority concurred and approved your discharge from the Navy.  On 7 February 1986, you were discharged with an OTH characterization of service. 

You request the Board upgrade your discharge to general (under honorable conditions).  You assert that at the time of the offense you were in a room full of people smoking marijuana for hours.  You claim you tested positive for marijuana due to second-hand inhalation and that you never smoked marijuana. 

The Board carefully weighed all potentially mitigating factors, such as your record of service and contentions and concluded these factors were not sufficient to warrant a change to your discharge given your misconduct that resulted in four NJPs, two of which occurred after you had been warned about the potential for administrative separation.  The Board noted that you provided no evidence to support your contention regarding the NJP for wrongful use of marijuana.  Absent such evidence, the Board relied upon the presumption of regularity and presumed that the officials acted in accordance with governing law/policy and in good faith. The Board discerned no probable material error or injustice in your discharge that warrants upgrading the characterization of your service. 

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,