Docket No: 9751-18 
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 the entire record, the Board for Correction of Naval Records (Board) found the evidence submitted was 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 September 2019.  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 your application, together with all material submitted in support thereof, relevant portions of your naval record, as well as applicable statutes, regulations, and policies. 
 
You enlisted in the Navy and began a period of active duty on 22 October 1992.  On 21 April 1994, you were screened for substance abuse due to an alcohol related incident of public intoxication with the civilian police, referred to Level III inpatient alcohol treatment, and completed treatment.  On 29 June 1996, you received nonjudicial punishment (NJP) for wrongful use of marijuana.  Subsequently, administrative discharge action was initiated by reason of misconduct due to drug use.  Although not all administrative separation documents were found in your record, you would have received notice prior to your separation where you waived your administrative separation board.  On 29 July 1996, you received an under other than honorable conditions discharge. 
 
You requested the Board upgrade your discharge to honorable.  You asserted you deserved clemency based on your initial performance in the service, your successful completion of alcohol rehabilitation, and your post-service accomplishments.  You claimed that at the time of your military service you did not understand the nature and severity of your addiction or mental health issues.  In support of your petition, you attached a personal statement that included you have been married 19 years, have two daughters, are involved at your church, have completed an associate degree; and are employed as a firefighter.  Additionally, you included a letter of recommendation as well as copies of your certifications and awards.  The Board noted your post-service accomplishments.  The Board carefully weighed all potentially mitigating factors, such as your record of service and contentions, but concluded these factors were not sufficient to warrant a change to your discharge given your misconduct.  With respect to your contention that you suffered from issues with addiction and mental health, the Board noted that you provided no evidence beyond your statements to support your contentions.  Absent of such evidence, the Board relied upon the presumption of regularity and presumed that the officials involved in your separation acted in good faith according to governing law and policy. 
 
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 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.