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

Docket No: 7677-19 
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 3 February 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 23 September 1987.  On 7 July 1991, you tested positive for marijuana.  On 6 August 1991, a drug and alcohol evaluation determined that you were not drug dependent.  You admitted to experimental use of marijuana, speed, cocaine, and LSD prior to your entry into the Navy.  You also disclosed an abusive alcohol pattern while stationed in  from July 1988 until January 1990 but denied continuing that pattern at your new command.  On 12 August 1991, you received nonjudicial punishment (NJP) for wrongful use of marijuana and were awarded forfeiture of pay, restriction, extra duties, and reduction in rank.  On 18 September 1991, 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 a general discharge; however, on 8 October 1991, the separation authority approved your separation from the Navy with an other than honorable (OTH) characterization of service. On 16 October 1991, you were discharged. 

You request the Board upgrade your discharge to honorable or general (under honorable conditions).  You assert that you were an exemplary enlisted service member with high evaluations and you only used marijuana on time; however, the policy at the time was zero tolerance.  You claim that you were under extreme stress due to my husband’s deployment to the Gulf War.  You state you would have continued to serve if given the opportunity for drug rehabilitation.  Lastly, you state your discharge is affecting your ability to find employment to improve your life, and that you are currently homeless. 

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.  In regards to your contention that you only had one incident of using marijuana, the Board noted that, although a Sailor’s service is generally characterized at the time of discharge based on performance and conduct throughout the entire enlistment, the conduct or performance of duty reflected by a single incident of misconduct may provide the basis of characterization of service.  Moreover, generally, characterization under OTH conditions is warranted for drug abuse.  With respect to your contention that you would have continued on active duty if you were given the opportunity for drug rehabilitation, the Board noted the drug and alcohol evaluation determined you were not drug dependent, but rather you admitted to experimental drug use.  Further, there is no provision of law or in Navy regulations that allows for recharacterization 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,