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

Docket No: 0877-19 
Date: Ref Signature 

 
Dear : 
 
This is in reference to your application of 23 December 2018 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 29 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, and applicable statutes, regulations, and policies. 
 
You reenlisted in the Navy on 9 April 1982.  On 8 March 1984, you received non-judicial punishment (NJP) for wrongful use of a controlled substance (marijuana).  On 7 August 1987, you received your second NJP for wrongful use of a controlled substance (marijuana).  As a result of the foregoing, on 10 August 1987, you were notified of an administrative action to separate you from the naval service for misconduct-drug abuse.  On 14 August 1987, you underwent a substance abuse evaluation, and you were determined to be not drug dependent.  On 29 September 1987, the discharge authority approved and directed your discharge.  On 16 October 1987, you were discharged with an other than honorable (OTH) characterization of service by reason of misconduct-drug abuse. 
 
The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge and contention that your discharge was over 30 years ago, at the time of your discharge you were making poor decisions, since your discharge you have obtained your associates degree, and you have worked in fields related to your Navy training.  The Board commends your post-service accomplishments.  Notwithstanding, the Board concluded that your discharge was appropriate based on the seriousness of your repeated drug related misconduct.  Finally, 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.