Docket No:  0245-20    
        Ref: Signature date 
 
  
 
Dear : 
 
This is in reference to your application of 14 December 2019 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 19 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, and applicable statutes, regulations, and policies. 
 
You enlisted in the Navy and began a period of active duty on 1 April 1983.  On 16 September 1983, you received non-judicial punishment (NJP) for disorderly conduct onboard ship.  On 28 September 1983, you received NJP for missing muster.  On 30 June 1988, you received NJP for wrongful use of cocaine.  Subsequently, administrative discharge action was initiated by reason of misconduct – drug abuse.  On 4 July 1988, you waived your right to consult with counsel and to present your case to an administrative discharge board.  After being afforded all of your procedural rights, your case was forwarded to the separation authority for review.  On 11 July 1988, your Commanding Officer recommended you be discharged.  On 31 July 1988, the separation authority directed that you be separated with an Under Other than Honorable (OTH) characterization of discharge.  You were discharged on 11 August 1988 with an OTH. 
 
The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge and assertion there should be a complete reevaluation of your case with new evidence.  However, you provided no new evidence to reevaluate.  The Board also considered your assertion that you served honorably for over four years and have changed in the 20 years since your discharge. The Board concluded these factors and assertions were not sufficient to warrant a change to your discharge, given your misconduct, which resulted in three NJPs.

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,

6/30/2020