DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S COURTHOUSE ROAD SUITE 1001 
ARLINGTON VA 22204-2490                                                                                                            
Docket No:7923-19   
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 for Correction of Naval Records, sitting in executive session, considered your application on 13 July 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, and applicable statutes, regulations, and policies. 
 
You enlisted in the Navy and began a period of active duty on 16 June 1980.  On 12 June 1980, you signed the US Navy policy on drug abuse.   On 18 February 1981, nonjudicial punishment (NJP) was imposed on you for Wrongful Use of Hashish and you were given a retention warning.  On 1 October 1982, NJP was imposed on you for Wrongful Possession of Hashish.   On 28 October 1982, NJP was imposed on you for Violation of Lawful Order.  You were notified of administrative separation proceedings against you and, on 24 November 1982, waived your rights.  Your Commanding Officer recommended administrative separation with an Under Other than Honorable Conditions (OTH) discharge.  On 30 November 1982, the Separation Authority directed you be administratively separated with an OTH discharge.  You were discharged from the Navy on 10 December 1982, with an OTH discharge.   
 
You requested an upgrade to your discharge characterization from OTH to Honorable.  The Board considered your assertions that you have owned your own business since your Navy days, served 3 ½ years and were told to stay out of trouble and get upgraded. The Board concluded these factors and assertions were not sufficient to warrant a change to your discharge characterization given the misconduct noted in your record, which resulted in three NJPs.   The Board noted that you waived your rights with regard to discharge proceedings.  By doing so, you waived your first, and best, opportunity to advocate for retention, or a more favorable characterization of 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 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,