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

Docket No: 7569-19 
Ref: Signature date 

Dear

This letter 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 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 Board, sitting in executive session, considered your application on 27 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, as well as applicable statutes, regulations, and policies.
 
Regarding your request for a personal appearance, the Board determined that a personal appearance, with or without counsel, would not materially add to their understanding of the issues involved.  Therefore, the Board determined a personal appearance was not necessary and considered your case based on the evidence of record.
 
You enlisted in the Navy and began a period of active duty on 25 March 1981.  On 13 April 1981, you were counseled in a Page 13 entry about the possibility of being administratively separated for fraudulent enlistment due to your failure to disclose your pre-service drug use.  On 21 April 1982, a substance abuse screening determined your pre-service drug use was experimental, you were not drug dependent, and you desired to be retained.  Your commanding officer recommended your retention in the Navy to Naval Personnel Command.  You were retained and advised that further deficiencies in performance or conduct could result in administrative separation or judicial proceedings.  On 19 April 1982, you received nonjudicial punishment (NJP) for possession and use of marijuana and drug paraphernalia aboard the .  You were awarded forfeitures of pay, restriction, and reduction in rank.  On 10 Jan 1984, you received a second NJP for wrongful use of marijuana aboard the .  You were awarded forfeitures of pay, restriction, and reduction in rank.  On 16 January 1982, a medical officer determined that you were not addicted to drugs or alcohol, and you were able to determine right from wrong. Subsequently, administrative action was initiated to separate you from the naval service by reason of misconduct due to drug abuse.  After being advised 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 separated with an other than honorable (OTH) characterization of service.  On 10 February 1984, The separation authority approved your separation from the Navy with an OTH characterization of service due to misconduct.  On 14 February 1984, you were so discharged. 

You request the Board upgrade your characterization of service to honorable.  You assert that your discharge was unjust because of the inaccuracy of urinalysis testing at the time.  You state that you were offered a retest, but with the same sample, and because you had taken medication for a wisdom tooth extraction at the time of the urinalysis, you believe it affected the results.  You state you were young and “hard headed,” and that you should have fought the test results, but unfortunately you did not.  Lastly, you expressed pride in your service.  In support of your petition, you attached articles published on the internet regarding the reliability of drug testing by the military. 
 
The Board carefully weighed all potentially mitigating factors, such as your record of service and contentions, and concluded that these factors were insufficient to warrant a change to your discharge, given your misconduct of drug abuse that resulted in two NJPs (two years apart, both for marijuana use) after you had been warned about the potential for administrative separation based on your failure to disclose your pre-service drug use.  With respect to your contention about the medication you were taking affecting your results, the Board noted that you provided no evidence to support your contention. Absent of 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. 

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,