Docket No: 9978-19 
           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 relevant portions of your naval record and your application, the Board for Correction of Naval Records (Board) found the evidence submitted 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 16 November 2020.  The names and votes of the panel members 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 the 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, to include the 25 July 2018 guidance from the Under Secretary of Defense for Personnel and Readiness regarding equity, injustice or clemency determinations (Wilkie Memo). 
 
On 17 February 1982, you reenlisted in the Navy.  You previously served a period of honorable service from March 1976 to September 1979.  On 7 October 1983, you received nonjudicial punishment (NJP) for wrongful use of marijuana.  Additionally, you were issued a counseling warning after being identified as a drug abuser, and given a retention warning noting that further misconduct could result in administrative discharge action.  On 21 October 1983, a Substance Abuse Report stated you had potential for further service, pending completion of a rehabilitation regimen.  However, on 31 January 1984, administrative discharge action was initiated to separate you from the Navy due to drug abuse.  After being afforded your procedural rights, you elected to waive your right to request to have your case heard before an administrative discharge board.  Your case was then forwarded to the separation authority (SA) with a recommendation that you receive an other than honorable (OTH) discharge.  On 19 February 1984, the SA concurred and directed that you be discharged for misconduct due to drug abuse.  On 21 February 1984, you were discharged from the Navy with an OTH characterization of service. 
  
The Board considered your assertions that prior to 1984, your performance evaluations earned high marks of 4.0 and sometimes 3.4, and you were recommended for retention and advancement.  The Board also considered your contentions that the total offenses over the span of your military service constitute minor offenses and your service was otherwise honorable, faithful and meritorious.  The Board concluded these factors were not sufficient to warrant a change to your characterization.    
 
The Board also carefully considered all potentially mitigating factors to determine whether the interests of justice warrant relief in your case in accordance with the Wilkie Memo.  These included, but were not limited to, your service record, and your desire to upgrade your discharge.  Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief.  Specifically, the Board determined that your misconduct, as evidenced by your NJP for drug abuse, outweighed these mitigating factors.  Accordingly, given the totality of the circumstances, the Board determined that your request does not merit relief.  
 
Further, the Board noted that it appears that the Board of Veterans’ Appeals upgraded your discharge status to “Honorable.”  Please be advised that this upgrade is only for the purpose of receiving benefits from the Department of Veterans Affairs, and it does not change or upgrade your original characterization of service. 
 
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,