Docket No: 4691-20 
Ref: Signature Date 
 

   
Dear  
 
This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code.  After careful and conscientious consideration of relevant portions of your naval record and your application, the Board for Correction of Naval Records (Board) found the evidence submitted 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 16 November 2020.  The names and votes of the panel members 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 the 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, to include the 25 July 2018 guidance from the Under Secretary of Defense for Personnel and Readiness regarding equity, injustice or clemency determinations (Wilkie Memo). 
  
You enlisted in the Navy and began a period of active duty on 24 February 1989.  On 10 February 1989, you signed the U.S. Navy drug screening form and the U.S. Navy drug policy.  On 28 February 1989, you were briefed on the U.S. Navy drug policy.  On 11 August 1989, nonjudicial punishment (NJP) was imposed on you for fighting.  On 11 January 1990, NJP was imposed on you for wrongful use of cocaine.  Subsequently, administrative separation action was initiated.  On 27 January 1990, you consulted counsel and requested an administrative board.  On 21 February 1990, an administrative board found a basis for your separation and recommended you be administratively separated with an Under Other than Honorable Conditions (OTH) discharge.   On 5 March 1990, your Commanding Officer recommended you be administratively separated with an OTH.  On 18 April 1990, the Separation Authority directed you be administratively separated with an OTH.  On 2 May 1990, you were discharged with an OTH.   
 
You requested an upgrade of your discharge to General.  You stated you tested positive on one urinalysis, had no other misconduct or bad behavior, and your discharge was over 15 years ago.  You asserted you were not offered treatment, and that other Sailors were put on restriction and fined for testing positive on one urinalysis.  You asserted you made one mistake and were discharged.  You stated you worked hard and loved the Navy and asked to stay. 
 
The Board carefully considered all potentially mitigating factors to determine whether the interests of justice warrant relief in your case in accordance with the Wilkie Memo.  These included, but were not limited to, your desire to upgrade your discharge and the amount of time that has passed since your discharge.  Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief.  Further, the Board determined that your misconduct, as evidenced by your two NJPs, outweighed these mitigating factors.  Accordingly, given the totality of the circumstances, the Board determined that your request does not merit relief.  
  
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,