Docket No: 8120-19
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 2 November 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 28 August 1985.  On 19 April 1988, you received nonjudicial punishment (NJP) for wrongful use of marijuana.  On 20 April 1985, you were notified of administrative discharge action for misconduct due to drug abuse.  On 25 April 1988, a drug and alcohol screen for drugs found you had a maladaptive pattern of using marijuana, but not dependent.  On 27 April 1988, your case was forwarded to the separation authority recommending that you be discharged for misconduct due to drug abuse.  On 1 May 1988, the separation authority directed your separation from the Navy for misconduct due to drug abuse.  On 7 May 1988, you were, discharged from the Navy with an other than honorable characterization of service (OTH).   
  
The Board carefully weighed all potentially mitigating factors, such as your record of service, and desire to have your characterization of service ungraded.  The Board also considered your assertions that while you were serving in the Navy, you encountered two incidents involving the   , tested positive for marijuana and you knew of others that received lesser sentences.  The Board concluded these factors and assertions were not sufficient to warrant a change to your reenlistment code given your misconduct, which resulted in NJP for wrongful drug use.  In reviewing the circumstances of your separation and characterization of service, the Board considered the totality of the circumstances to determine whether relief is appropriate today in the interests of justice in accordance with guidance provided by the Under Secretary of Defense for Personnel and Readiness (Wilkie Memo of 25 July 2018).  Accordingly, the Board considered and acknowledged your positive contributions to the service, the length of your active duty service to our nation, and your post-discharge achievements.  Even considering these potentially mitigating factors in accordance with the above referenced guidance, the Board did not find that relief was in the interest of justice.  In the absence of any evidence to the contrary, the Board concluded that your OTH discharge characterization was issued without error or injustice, and that corrective action is not warranted. 
  
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,