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

Docket No: 7566-19 
Ref: Signature date 

Dear

This letter 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 that 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 27 January 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, as well as applicable statutes, regulations, and policies. 

You enlisted in the Navy and began a period of active duty on 13 September 1991.  On 14 September 1991, you were counseled for that you were being retained in the Navy despite your failure to disclose your preservice drug use prior to your enlistment.  You were advised that further deficiencies in performance or conduct could result in administrative separation or judicial proceedings.  On 21 August 1992, you received nonjudicial punishment (NJP).  Your original service record was incomplete and did not contain further documentation pertaining to that NJP.  On 24 August 1994, you received a second NJP for wrongful use of a controlled substance (Methamphetamine).  You were awarded forfeitures of pay, restriction, extra duties, and reduction in rank.  Subsequently, administrative action was initiated to discharge you from the naval service by reason of misconduct due to drug abuse.  After being afforded all of your procedural rights, you consulted with legal counsel and initially requested hearing before an administrative discharge board (ADB).  Subsequently, you waived your right to an ADB and your case was forwarded to the separation authority for review.  Your commanding officer recommended that you be discharged with an under other than honorable (OTH) characterization of service.  On 1 September 1994, a drug and alcohol abuse report indicated you were a drug abuser but not drug dependent, were not amenable to drug counseling, and that you refused treatment and counseling.  The evaluator recommended your administrative separation.  That same day you were counseled that you were not recommended for reenlistment.  On 5 October 1994, you were discharged with an OTH characterization of service, a narrative reason for separation of misconduct, and a reentry (RE) code of RE-4. 

You request the Board upgrade your discharge to honorable, change your narrative reason for separation to convenience of the government, and change your RE code to RE-1.  You assert that you had combat service, received personal awards and decorations, and you were very close to completing your tour of duty.  In support of your petition, you attached copies of your award citations and an evaluation report.  The Board carefully weighed all potentially mitigating factors, such as your record of service and contentions, and concluded that these factors were not sufficient to warrant a change to your discharge, narrative reason for separation, or RE code given your drug abuse after you had warned about the possibility of administrative separation.  Further, there is no provision of law or in Navy regulations that allows for recharacterization of service due solely to the passage of time.
 
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. 

Sincerely,