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

Docket No: 0819-19                                                                                                                                
Ref: Signature date 
 
 

Dear : 
 
This letter 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 that 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 22 January 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 service on 18 January 1980.  From the period beginning on 23 February 1981 to 28 October 1983 you received non-judicial punishment (NJP) on seven occasions for the following offenses: two specifications of wrongful possession of marijuana, wrongful use of marijuana, two specifications of violation of article 134, insubordinate conduct, unlawful entry, unauthorized absence from restricted men’s muster, and three specifications of unauthorized absence.  As a result of the foregoing, administrative proceedings were initiated to separate you from the naval service for misconduct due to your pattern of misconduct and drug abuse.  On 3 November 1983, you waived counsel and your procedural rights.  On 23 November 1983, your commanding officer recommended your discharge by reason of misconduct-pattern of misconduct and misconduct-drug abuse with an other than honorable (OTH) characterization of service.  On 10 December 1983, the discharge authority approved that recommendation and directed your discharge with an OTH character of service by reason of misconduct-drug abuse.  On 28 December 1983, you were so discharged. 
 
The Board carefully weighed all potentially mitigating factors, such your desire to upgrade your discharge and your contention that the punishment is too severe and should be corrected.  However, the Board concluded that your discharge was appropriate based on the seriousness of your repeated misconduct.   
 
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.