Docket No: 6082-20 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 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 29 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, 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 22 November 1988. On 5 July 1989, you began a period of unauthorized absence (UA), which lasted one-day. On 6 August 1989, you began a second period of UA, which lasted twelve-days. On 18 August 1989, you were admitted at the hospital’s emergency room for poly drug abuse and requested to participate in a drug abuse rehabilitation program. On 21 August 1989, you completed a medical counselor’s screening in which you admitted the use of multiple illegal drugs. On 23 August 1989, your CO requested an examination to be performed for possible drug ingestion. On the same date, the results of the examination came back as negative. On 12 September 1989, your CO recommended your discharge by reason of misconduct due. Subsequently, you elected to waive your right to consult with counsel. On 27 September 1989, the separation authority directed a discharge with an other than honorable characterization of service by reason of misconduct. On 3 October 1989, you declined your right to request in-patient treatment for drug and alcohol dependency. You were discharged on 25 October 1989. 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 contentions that you made all the necessary efforts to get treatment for drug abuse, and that the military did not have the kind of therapy needed to support your issues with drug addiction. Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief. Specifically, the Board determined that your repeated misconduct, as evidenced by your NJPs, outweighed these mitigating factors. The Board noted you did not submit any documentation or advocacy letters to be considered. 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 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,