DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 1879-21 Ref: Signature Date Dear Petitioner: 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 you did not file your application in a timely manner, the statute of limitation was waived in accordance with the 25 August 2017 guidance from the Office of the Under Secretary of Defense for Personnel and Readiness (Kurta Memo). A three-member panel of the Board, sitting in executive session, considered your application on 23 August 2021. 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 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, to include the Kurta Memo, and the 25 July 2018 guidance from the Under Secretary of Defense for Personnel and Readiness regarding equity, injustice, or clemency determinations (Wilkie Memo). The Board determined that your 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 your case based on the evidence of record. In May 1982, you answered “yes” to having used narcotics, dangerous drugs or marijuana on NAVCRUIT Form 1137/7. You requested an enlistment waiver but one was not required. You enlisted in the U.S. Navy (USN) and began a period of active duty on 28 May 1982. On 17 September 1982, you signed a Navy drug abuse statement of understanding. During your enlistment you received non-judicial punishment (NJP) on four separate occasions. On 28 February 1984, you received NJP for three specifications of violating a lawful regulation and for wrongful use of marijuana. On 28 March 1984, you received a second NJP for five specifications of violating a lawful order, one of which was an order to attend a Counseling and Assistance Center appointment in relation to your marijuana use. On 14 December 1984, you received another NJP for wrongful use of a schedule I controlled substance. Finally, on 11 January 1985, you again received NJP for wrongful use of a schedule I controlled substance. On 15 January 1985, as a result of your repeated misconduct, you were notified of pending administrative separation by reason of misconduct due to drug use, at which time, you waived your right to consult with counsel and to have your case heard at an administrative discharge board. In February 1985, you were not identified as drug dependent and not recommended for further naval service by a medical officer. You were also notified of the commanding officer’s intent to recommend to the discharge authority that you be discharged with an other than honorable characterization of service for misconduct due to drug abuse. In your commanding officer’s recommendation, he noted that in spite of excellent counseling on drug abuse, particularly after your second offense, you refused to correct this aspect of your behavior. In March 1985, the discharge authority concurred with your Commanding Officer’s recommendation and directed your discharge by reason of misconduct due to drug abuse. On 21 March 1985, you were issued a counseling entry acknowledged by you and you did not desire to enroll in health care insurance. You were discharged the same day with an other than honorable characterization of service. You contend that USN should have offered you help and did not. The Board viewed your allegation with serious concern. However, this Board is not an investigating agency nor does it have the resources to investigate unsubstantiated allegations. The Board 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 desire to upgrade your discharge and your contentions that you were a young man who made mistakes. The Board further noted that you did not submit advocacy letters or post-service documents to be considered for clemency purposes. Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief. Specifically, the Board determined that your repeated misconduct outweighed these mitigating factors. Accordingly, given the totality of the circumstances, the Board determined that your request does not merit relief. 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. Sincerely, 9/5/2021 Executive Director