DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490  
                                                                                                    
Docket No: 2951-21 
Ref: Signature Date 

Dear 
 
This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code.  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 9 June 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 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). 
 
You enlisted in the Navy on 9 September 1980.  During the period from 31 March 1982 to 26 May 1983, you received non-judicial punishment (NJP) on three occasions.  The offenses included, for wrongfully using a government vehicle for personal use, unauthorized absence (UA), unauthorized use of another’s identification card, and wrongful use of marijuana.  On 23 June 1983, you failed the drug rehabilitation program.  On 19 July 1983, a special court-martial (SPCM) convicted you of assault.  On 31 May 1984, you received an additional NJP for wrongful use of marijuana.  On 4 June 1994, you went into a UA status for seven days.  Subsequently, you were notified of pending administrative separation action by reason of misconduct due to drug abuse.  After electing to waive your rights, your commanding officer (CO) forwarded your package to the separation authority (SA) recommending your discharge by reason of misconduct due to drug abuse, with and other than honorable (OTH) characterization of service.  The SA approved the recommendation, and on 27 July 1984, you were so discharged.   
 
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 contentions that you were young and easily influenced, you have matured since discharge, you were married with two adult children that are college graduates, and you have two grandchildren.  The Board also noted your contentions that you worked for County for 15 years, volunteered in the community for over 20 years, became a member of the local church, and lived a productive and responsible life.  
 
The Board commended your post service accomplishments, however, based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief.  Specifically, the Board determined that your four NJPs, SPCM conviction, and violation of the Navy’s “Zero Tolerance” drug policy, 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 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, 

6/15/2021
Executive Director