Docket No: 6537-20
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 4 January 2021.  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, 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 on 23 March 1988.  On 23 June 1989, you received nonjudicial punishment for unauthorized absence and wrongful use of marijuana.  On 26 July 1989, you were notified of the initiation of, and your rights concerning, administrative separation processing.  You waived your right to an administrative discharge board.  On 29 September 1989, you were discharged with an other than honorable characterization of service.  You petitioned this Board in 2017 and contended that you passed the drug test and you were sent to a therapist.  You stated that you did not want to die with a tarnished record.  Your 2017 petition was denied by this Board.   
 
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: (a) you were having difficulty breathing using equipment on submarines, and you wanted to get out of working in submarines; (b) you were provided two options, and because you wanted to get out, you self-reported that you took marijuana; and (c) you regret your choice, you have had a successful career in computer security and you have four children and a nice piece of land.   After careful consideration of your contentions, the Board did not find your explanation for your actions to be convincing nor did they find your explanation a sufficient justification to upgrade your characterization of service.  Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief.  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,