Docket No: 6085-20 
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 9 December 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 service on 1 May 1989.  On 3 May 1989, you were briefed on the Navy’s drug and alcohol abuse policy.  On 4 April 1990, you received non-judicial punishment (NJP) for two specifications of wrongfully obtaining telephone services from MCI by using another person’s MCI phone card without authorization.  On the same day, you were counseled regarding your NJP.  On 29 October 1992, you were convicted at a special court martial (SPCM) for conspiracy to commit larceny, conspiracy to receive American Airlines refund checks, and larceny.  On 5 January 1993, you received NJP for wrongful use of marijuana.  As a result of the foregoing, on 8 January 1993, you were notified of the initiation of administrative separation proceedings by reason of misconduct due to drug abuse, at which point, you waived your right to consult with counsel and review of your case by an administrative discharge board (ADB).  On 15 January 1993, you underwent a medical evaluation and were determined not to be drug dependent.  On 17 February 1993, the discharge authority approved and directed your separation from the naval service with a general (under honorable conditions) characterization of service by reason of misconduct due to drug abuse.  On 17 March 1993, you were so discharged.  
 
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 contention your service was honorable.  Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief.  Specifically, the Board determined that your misconduct, as evidenced by your two NJPs and SPCM, 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,