Docket No: 9264-19 
Ref: Signature date 
 
 
Dear  : 
 
This letter is in reference to the application for correction of the naval record of Paul Branch, filed 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 with respect to your request to upgrade his characterization of service was insufficient to establish the existence of probable material error or injustice.  Consequently, the application has been denied.     
 
Although the 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 the application on its merits.  A three-member panel of the Board, sitting in executive session, considered the application on 19 August 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 the application, together with all material submitted in support thereof, relevant portions of your naval record, as well as applicable statutes, regulations, and policies. 
 
Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel would not materially add to their understanding of the issues involved.  Therefore, the Board determined that a personal appearance was not necessary and considered the case based on the evidence of record. 
 
 enlisted in the Navy on 8 August 1980.  On 20 April 1981, he received nonjudicial punishment for unauthorized absence.  On 3 November 1982, received nonjudicial punishment for using cocaine and also for using marijuana.  On 30 December 1982,  entered into a “conditional waiver” agreement, whereby, in exchange for waiving his administrative discharge board, he would be issued a general discharge.  Thereafter, on 6 April 1983, while  was awaiting his discharge, a military working dog alerted on his locker and a search yielded drug paraphernalia that later tested positive for traces of marijuana.  A urinalysis of  revealed that he tested positive, again, for using marijuana.  He was then issued another notification for administrative discharge.   waived his right to an administrative board and instead opted to make a written statement.  In his written statement, he explained that, at the time he was using marijuana, “[he] was going through some personal problems and used it as a relaxer.”  On 21 June 1983, he was discharged with an other than honorable characterization of service.  
 
The Board carefully weighed all of your contentions as well as all potentially mitigating factors.  In your petition, you explained that your client was using marijuana due to a knee injury.  The Board noted that there are other medical modalities with which to treat the physical pain of a knee injury.  Further,  contemporaneous statement does not support this assertion, stating that he used it as a “relaxer.”  In addition, he tested positive for cocaine use as well, which you do not address in the Petition.  In addition, please note that under current regulations, there is mandatory administrative discharge processing based on a single positive test result for an unlawful drug.   had been offered a general discharge, and, it appears likely that he would have obtained that, had he not later been found to be harboring paraphernalia for illegal drugs and also testing positive for same.  Accordingly, after a complete review of  naval records and all materials provided in submission, the Board did not find evidence of an error or injustice that warrants upgrading ’s characterization of service. 
 
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,