Docket No: 1247-20 
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 you did not file your application 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 for Correction of Naval Records, sitting in executive session, considered your application on 21 May 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, applicable statutes, regulations, and policies. 
 
You enlisted in the Navy and began a period of active duty on 30 January 1985.  On 16 August 1985, you received nonjudicial punishment (NJP) for unauthorized absence (UA), drunken/reckless driving, drunkenness/disorderly conduct, and breaking restriction.  On 8 November 1985, a drug and alcohol rehabilitation report indicated you had been attending alcoholic and narcotics anonymous meetings and had been given a urinalysis test weekly since your NJP.  The report also indicated that although you expressed a desire to terminate your service obligation, it was determined that you had potential for further service.  However, if you had another alcohol or drug related incident, administrative separation was recommended.  On 15 November 1985, you were counseled and advised that further deficiencies in performance or conduct could result in administrative separation and/or judicial proceedings.  On 3 January 1986, you received NJP for UA and failure to obey orders.  On 8 January 1986, administrative discharge action was initiated by reason of misconduct due to drug abuse based on a positive urinalysis report and drug rehabilitation failure.  Your commanding officer recommended that you receive an under other than honorable (OTH) conditions discharge.  On 8 February 1986, the discharge authority directed your discharge and on 11 February 1986, you were discharged with an OTH characterization of service 
 
The Board carefully weighed all potentially mitigating factors, such as your request for an upgrade, and your assertions that you have not previously requested an upgrade, your misconduct was an isolated incident that you have never had a “problem like this again” and that you are asking for leniency given the time since the incident happened.  The Board concluded these factors were not sufficient to warrant a change to your discharge given your misconduct that resulted in two NJPs, one of which occurred after you had been warned about the potential for administrative separation.  Additionally, the Board noted that, although a Sailor’s service is generally characterized at the time of discharge based on performance and conduct throughout the entire enlistment, the conduct or performance of duty reflected by a single incident of misconduct may provide the basis of characterization of service.  Moreover, generally, characterization under OTH conditions is warranted for misconduct.  Lastly, 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 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, 
 
7/20/2020