Docket No: 5958-20 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. The Board determined that your personal appearance, with or without counsel, would not materially add to their understanding of the issues involved. Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 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 4 January 2021. 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 26 October 1987. On 2 October 1989, you received nonjudicial punishment for disobeying a lawful order and wrongful use of cocaine. On 3 October 1989, you were notified of administrative discharge action due to drug abuse. After being afforded your procedural rights, you elected to have your case heard before an administrative discharge board (ADB). On 26 October 1989, the ADB found that you had committed misconduct due to drug abuse, and recommended you receive an other than honorable (OTH) discharge. The ADB recommended that the OTH be suspended for a period of 12 months. On 29 November 1989, your commanding officer (CO) forwarded your case to the separation authority concurring with the ADB findings with the exception that, he strongly recommend suspension of your separation be extended until 25 October 1991, which was the end of your enlistment, vice 12 months, as recommended by the ADB. On 2 March 1990, you received NJP for wrongful use of cocaine and marijuana. On 6 March 1990, you were, evaluated by a medical officer and found psychologically dependent on drugs. It was recommended that you be separated from Navy and receive treatment via the Department of Veterans Affairs (DVA). On 7 March 1990, you were notified of administrative discharge action by reason of misconduct due to drug abuse and misconduct due to commission of a serious offense. After being afforded your procedural rights, you waived your right to have your case heard before an ADB, and you did not object to the separation. On 19 March 1990, the separation authority determined that you should be separated from the Navy with an OTH discharge. However, your separation was held in abeyance by your CO pending further observation of your conduct. Your CO was directed to advise you that you were being placed in a probationary status subject to maintaining a conduct record clear of any disciplinary action. On 21 March 1990, your command received your suspended OTH, but held it in abeyance pending separation authorities response to you being reprocessed due to additional misconduct. On 23 March 1990, the separation authority directed that you receive an OTH discharge due to drug abuse. On 26 March 1990, you were notified of your discharge. On 30 April 1990, you were discharged from the Navy with an OTH characterization of service. 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 character letters submitted on your behalf, and your contentions that: (a) your punishment was harsher than the purported incident warranted; (b) as a young African American, you joined the Navy to serve your country and make your family proud; (c) because of poor leadership and the lack of proper guidance, you fell into the trap of being a victim of your own surroundings; (d) drugs were prevalent, and not knowing the system arriving at your first command, you fell into a group of bad apples that lead you astray; and (e) since your discharge, you have been a model citizen for the country and community, are an ordained minister, do a tremendous amount of community service and strongly believe in giving back. Based upon this review, the Board concluded that these potentially mitigating factors were insufficient to warrant relief. Specifically, the Board determined that your repeated misconduct, as evidenced by your two NJPs for wrongful drug use, and the fact that you were counseled, retained in the Navy, and given an opportunity for retention, and to earn a better characterization of service 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,