Docket No: 2080-20 
           4182-18 
Ref: Signature Date 

This letter is in reference to your reconsideration request.  You previously petitioned the Board for Correction of Naval Records (Board) and were advised that your application had been denied.  Your case was reconsidered in accordance with Board procedures that conform to Lipsman v. Sec’y of the Army, 335 F. Supp. 2d 48 (D.D.C. 2004).  After careful and conscientious consideration of relevant portions of your naval record and your application, the Board found the evidence submitted was insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied. 

A three-member panel of the Board, sitting in executive session, considered your application on 21 April 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 service on 25 June 1985.  On 19 January 1989, you received nonjudicial punishment (NJP) for wrongful use of cocaine.  You were subsequently referred to medical for a psychiatric evaluation and disclosed that you began using cocaine at parties a year prior.  You told medical that you attended parties every two or three months where cocaine was offered, and sometimes you would accept while other times you would decline.  You were found not dependent upon cocaine.  On 2 February 1989, you were notified of administrative separation proceedings against you; you waived your right to appear before an administrative separation board.  Your commanding officer recommended that you receive an other than honorable characterization of service.  You were discharged from the Navy on 24 March 1989, on the basis of drug abuse, and received an other than honorable characterization of service and a reentry (RE) code of RE-4. 

You previously petitioned the Board for an upgrade to your characterization of service.  Your previous request, , was denied.  In your current application, you again seek an upgrade to your discharge characterization.  You ask that the Board upgrade your other than honorable characterization of service to a general discharge.  You state that although you did violate the rules of conduct, you were not provided fair legal counsel.  Furthermore, you contend that your commanding officer was not your advocate and indicate that he was biased against you.  You assert that the punishment was too harsh and that you were unjustly treated.  You provide information about your character and your post-discharge accomplishments for consideration, including letters from your former shipmates. 

The Board reviewed your request and carefully considered the potentially mitigating factors you submitted.  The Board noted your assertion that you did not receive proper counsel, you were treated unfairly, the punishment was excessive, and your commanding office was biased against you.  The Board reviewed the available records and the information you submitted and found there was insufficient information to establish that you were treated unfairly or that you were subjected to the injustice of bias.  The Board noted that you received NJP for wrongful use of a controlled substance and were evaluated for dependency following that NJP.  The Board noted that you were given the opportunity to appear before an administrative separation board but waived that right.  The Board concluded that you were properly processed for administrative separation and the other than honorable discharge is supported by the information in your record.  Even in consideration of the information from your former shipmates which note your dependability, professional performance, and your sense of loss relating to the loss of your naval career, the Board found the seriousness of your misconduct of wrongful use of a controlled substance could not be overcome.  The Board reviewed your post-service achievements as a civilian, including your success as a business woman, but determined the other than honorable discharge does not reflect and error or an injustice given the nature of your misconduct including the frequency of your wrongful use of cocaine, as noted in your statement during the medical evaluation.  Accordingly, the Board determined that an upgrade is not warranted. 

It is regretted that the circumstances of your reconsideration petition 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 the absence of new matters for reconsideration, the decision of the Board is final, and your only recourse would be to seek relief, at no cost to the Board, from a court of appropriate jurisdiction. 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.