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

Docket No. 8052-19 
Ref: Signature Date 

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 case on its merits.  A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 December 2019.  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. 
  
A review of your record shows that you entered active duty with the Navy in August 1981.  On 19 November 1981, non-judicial punishment was imposed on you for unauthorized absence. Non-judicial punishment was again imposed on you for larceny on 23 January 1984 and on 26 March 1984 for wrongful use of marijuana. You were notified of administrative separation processing on 21 April 1984 for your misconduct and discharged on 8 June 1984 with an Other than Honorable characterization of service. 

The Board carefully considered your arguments that your narrative reason for separation should be changed to disability.  You assert that you were unfit for continued naval service due to venereal disease and should have been processed for a disability discharge instead of drug abuse.  Unfortunately, the Board disagreed with your rationale for relief. First, the Board found evidence you were treated multiple times for venereal disease but found no evidence you were unfit for continued naval service as a result of the disease.  Your record shows you were counselled on 21 December 1982 due to repeated treatments for Gonorrhea but found no evidence your condition was not properly treated or that you were unable to perform the duties of your office, grade, rank, or rating as a result of the Gonorrhea.  The Board noted that you were medically cleared for discharge on 14 May 1984 during which you reported to be in “good health.” Second, based on your multiple incidents of misconduct documented in your record, including wrongful use of marijuana, the Board determined you were properly processed and discharged for misconduct.  Accordingly, the Board found insufficient evidence of error or injustice to warrant a change to your record. 

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, 


12/26/2019