Docket No: 2277-20 
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 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  
18 November 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 service on 2 September 1987.  On 13 January 1989, you received non-judicial punishment (NJP) for two specifications of unauthorized absence (UA), wrongful use of marijuana, and stealing jewelry from another service member.  On 19 April 1989, you received NJP for two specifications of UA, missing movement, two specifications of wrongful use of a controlled substance (i.e., marijuana and cocaine), and breaking restriction.  On 24 April 1989, you were notified of the initiation of administrative separation proceedings by reason of misconduct due to the commission of a serious offense, and misconduct due to drug abuse, at which point, you waived your right to consult with counsel and your right to a hearing before an administrative discharge board.  On 25 April 1989, you underwent a medical evaluation and you were determined not to be drug dependent.  On 3 May 1989, the separation authority approved and directed your discharge.  On 23 May 1989, you were discharged with an other than honorable (OTH) characterization of service by reason of misconduct due to the commission of a serious offense. 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge as a matter of clemency.  You contend you are truly remorseful for your bad decisions and you request forgiveness.  You contend you are homeless and you suffer from diabetes.  You contend you stole jewelry in retaliation towards another Sailor and you were harassed.  You contend you regret your decision to separate from naval service.  After careful consideration of your contentions, the Board determined that your desire to upgrade your discharge was not enough to outweigh the significant misconduct you committed. 
 
In reviewing your separation and characterization of service, the Board considered the totality of the circumstances to determine whether relief is appropriate today in the interests of justice in accordance with guidance provided by the Under Secretary of Defense for Personnel and Readiness (Wilkie Memo of 25 July 2018).    However, even in light of the USD Memo, the Board still concluded given the totality of the circumstances, your request does not merit relief. 
 
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,