Docket No: 5073-19 
Ref: Signature Date 
      
MR 
 
 
Dear Mr.  
 
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 28 August 2020.  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, and applicable statutes, regulations, policies.   
 
You enlisted in the Navy on 16 May 1989.  On 6 March 1992, you received nonjudicial punishment for wrongful use of cocaine.  Your record is incomplete in that it does not contain all the documents pertaining to your administrative discharge.  Specifically, your notice of pending administrative separation action is not in your record but the commanding officer’s (CO) recommendation states you waived all your procedural rights.  The CO recommended separation with an other than honorable (OTH) characterization of service by reason of misconduct due to drug abuse.  The discharge authority approved the recommendation and directed discharge with an OTH characterization of service by reason of misconduct due to drug abuse.  On 30 March 1992, you received an OTH discharge. 
 
The Board carefully reviewed your application, weighed all potentially mitigating factors such as your youth and immaturity, and considered your contention that this was your first offense and before “just discharging” you, the command did not offer any help.  The Board also considered your contention that you have been diagnosed with bipolar, depression, and anxiety for which you receive counseling and 
prescription medication but noted you did not provide any supporting medical documentation in your submission.  Unfortunately, after careful consideration of your contentions, the Board did not find evidence of an error or injustice that warrants upgrading your characterization of service or sufficient evidence to warrant clemency.  Even under the liberal consideration standard, the Board found that the misconduct reflected in your record warranted an OTH characterization of service.   
 
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 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,