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

Docket No: 7675-19 
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 31 March 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 reenlisted in the Navy on 30 April 1979.  On 22 December 1980, you received nonjudicial punishment (NJP) for unauthorized absence (UA) and false official statement.  You were awarded extra duties and reduction in rank, which was suspended for six months.  On 9 February 1981, you received a second NJP for UA, accessory after the fact, and false official statement.  Your previous suspended reduction in rank was vacated.  You were awarded forfeiture of pay, extra duties, and reduction in rank, which was suspended for six months.  You were advised that failure to take corrective action could result in administrative separation and judicial proceedings.  On 9 April 1981, your suspended reduction in rank was vacated.  On 18 June 1981, you received a third NJP for communicating a threat and awarded forfeiture of pay, restriction, extra duties, and reduction in rank.  On 11 May 1982, you received a fourth NJP for wrongful possession of marijuana.  You were awarded forfeiture of pay, restriction, extra duties, and reduction in rank.  From 7 June 1982 to 30 June 1982, you received drug rehabilitation treatment at a Naval Hospital.  On 7 March 1983, you received a fifth NJP for wrongful use of marijuana.  On 1 April 1983, a Medical officer determined you were not drug dependent and recommended separation.  On 11 April 1983, administrative discharge action was initiated by reason of misconduct due to drug abuse.  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 receive an under other than honorable (OTH) conditions discharge and the separation authority approved your separation from the Navy.  On 22 April 1983, you were discharged with an OTH characterization of service. 

You request the Board upgrade your discharge to honorable.  You assert that your service was well above average throughout your career, with an overall trait average of 3.69.  You state it was unfortunate to both the Navy and you that your drug use continued, even after treatment.  You claim you have not used drugs in over 25 years thanks to treatment and involvement in Narcotics Anonymous.  You recently retired from a 25-year highly successful civilian career.  In support of your petition, you attached your Enlisted Performance Record and your Performance Evaluations from 1 FEB 1982 to 31 Jan 1983 and 1 FEB 1983 to 23 APR 1983.
 
The Board carefully weighed all potentially mitigating factors, such as your record of service and contentions.  While, the Board commends your post-service accomplishments, it concluded these factors were not sufficient to warrant a change to your discharge given your misconduct that resulted in five NJPs.  Finally, that Board noted that there is no provision of law or in Navy regulations that allows for an upgrade in the characterization of service due solely to the passage of time.
 
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,