Docket No: 0258-20 
Date: Ref Signature 

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 23 October 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 8 January 1986.  On 17 April 1987, you received non-judicial punishment (NJP) for unauthorized absence (UA), and dereliction in the performance of your duties, and you were counseled regarding your misconduct.  On 24 January 1987, you received NJP for wrongful use of a controlled substance-marijuana.  Subsequently, you were notified of the initiation of administrative separation proceedings by reason of misconduct-drug abuse, at which point, you waived your right to consult with counsel and a hearing before an administrative discharge board.  On 30 June 1987, a drug and alcohol abuse report noted that you were determined not to be drug dependent.  On 9 July 1987, you received NJP for failure to go to your appointed place of duty.  On 11 July 1987, the discharge authority approved and directed your discharge.  On 24 July 1987, you were discharged with an other than honorable (OTH) characterization of service by reason of misconduct-drug abuse. 
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge to be eligible for veteran’s health benefits to treat injuries incurred during your military service.  You contend that: (a) you are unable to receive reasonable employment due to your current characterization of discharge; (b) you were physically abused and harassed by shipmates and you did not report the abuse for fear of more severe abuse; and (c) you have not had any arrests or convictions since your discharge.  However, the Board noted that you failed to submitted evidence to support these your contentions.  The Board also reviewed the materials that you submitted with your application, and commends your positive post- service conduct.     Please note there is no requirement or law that grants an upgrade in the characterization of service solely on the issue of obtaining veterans benefits or employment.  The Board considered your contentions but concluded that the misconduct detailed in your service record outweighed your current desire to upgrade your discharge. 
 
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,