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

Docket No: 3196-21 

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 7 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, 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 U.S. Navy on 24 November 1981.  During your pre-service processing, you disclosed previous drug related usage on NAVCRUIT Form 1133/7 (USN Drug Abuse Certificate).  Despite this disclosure, a waiver was not required for your enlistment.  You served without disciplinary action until 2 November 1984 when you received your first non-judicial punishment (NJP) for illegal use of drugs, specifically marijuana.  Subsequently, on 9 November 1984, you received an administrative counseling entry concerning your illegal use of drugs and past performance. You were also advised that any further deficiencies in performance or conduct may result in processing for administrative separation.  On 5 April 1985, you received your second NJP for illegal use of drugs, specifically, marijuana.  On 8 May 1985, you were evaluated and counseled by a medical officer who determined that you were neither physically or psychologically dependent on any controlled substance.  As a result of your repeated illegal use of drugs, on 13 May 1985, you were notified of pending administrative separation by reason of misconduct, specifically, drug abuse, at which time, you elected to consult with legal counsel and subsequently waived your right to have your case heard before an Administrative Discharge Board. While awaiting discharge, you received your third NJP for illegal use of drugs, specifically, cocaine; and possession of drug paraphernalia.  On 2 June 1985, the discharge authority directed your discharge with an OTH characterization of service by reason of misconduct, specifically, drug abuse.  On 12 June 1985, you were discharged with an OTH characterization of service. 

The Board carefully reviewed your application and 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 characterization of service based on your need to receive care for residual effects of a left leg injury that occurred in June 1984; however, the Board noted that you did not submit additional information or documentation to support this claim.  The Board noted your contentions that you suffered from alcoholism which was a catalyst to your drug usage, you started drinking due to peer pressure from your supervisors, you have been sober and drug-free for over 35 years, and you would like your dignity restored.  The Board further noted your contention that you were never counseled for addiction to alcohol; however, the medical officer who conducted your evaluation stated that you “were evaluated and counseled subsequent to your first positive urinalysis for THC, have been given every opportunity to correct your deficiency through counseling, and have been made aware of the consequences involved if you should further continue to use controlled substances.” Based upon this review, and the lack of relevant information to support your injury, the Board concluded these potentially mitigating factors were insufficient to warrant relief despite the advocacy letters submitted on your behalf to be considered for clemency purposes.  Specifically, the Board determined that your repeated use of illegal drugs 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, 
6/15/2021 

Executive Director