Docket No: 0159-20 
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 was 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 September 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, and policies. 
  
You enlisted in the Navy and began a period of active duty on 13 August 1987.  On 25 June 1987, you signed the US Navy drug abuse policy and did so again on 15 August 1987.  On 23 November 2002, nonjudicial punishment was imposed on you for Wrongful Use of Cocaine.  Subsequently, administrative separation action by reason of Misconduct - Drug Abuse, was initiated against you.  On 23 November 2002, you waived counsel and an administrative board.  On 25 November 2002, your Commanding Officer (CO) recommended you be administratively separated with an Under Other than Honorable Conditions (OTH) discharge.  On 3 December 2002, the Separation Authority directed you be administratively separated with an OTH characterization of service.  On 6 December 2002, you were administratively separated with an OTH characterization of service.  On 10 August 2018, the Naval Discharge Review Board denied your request to upgrade your characterization of service.   
 
You requested that this Board upgrade your characterization of service to Honorable.  You stated that any attention to this matter would be much appreciated.  You asserted that you are a family man and that you are sorry for the mistake you made.  However, after reviewing all the factors and assertions, as well as the entirety of your service record, the Board concluded that there is insufficient evidence to support a change to your discharge given the misconduct reflected in your service record. 
  
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, 
 
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