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 was 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 case on its merits.  A three-member panel of the Board, sitting in executive session, considered your application on 19 November 2020.  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 and applicable statutes, regulations and policies.   
 
A review of your record shows that you entered active duty with the Navy on 26 April 1989 after a period of service with the Army.  During your period of active duty with the Navy, you were treated for several conditions including acute iritis in 1989, a back fracture in 1991, and chest congestion in 1992.  However, while you were recovering from your back condition, non-judicial punishment was imposed on you for unauthorized absence and wrongful use of cocaine.  As a result, you were processed for administrative separation based on your misconduct and discharged on 10 December 1992 with an Other than Honorable characterization of service. 
 
The Board carefully considered your arguments that you deserve an upgrade to your characterization of service based on your in-service medical conditions.  Unfortunately, the Board disagreed with your rationale for relief.  Despite the fact you were treated for several medical conditions while in the Navy, the Board determined the preponderance of the evidence supports the characterization of service you received upon your discharge.  The Board concluded you committed two serious offenses that qualified for an Other than Honorable characterization of service.  Both your unauthorized absence of over 90 days and your wrongful use of cocaine qualify for a punitive discharge under the Uniform Code of Military Justice.  In the Board’s opinion, the combination of these two offenses was behavior that constitutes a significant departure from the conduct expected of a member of the Naval service.  The Board was not persuaded by the mitigation evidence of your medical conditions due to the seriousness of your misconduct.  In addition, the Board also found that you would not have qualified for a disability discharge based on your misconduct processing and the separation physical that deemed you fit for separation.  Accordingly, the Board found insufficient evidence of error or injustice to warrant a change to your record.   
 
It is regretted that the circumstances of your case are such that favorable action cannot be taken.  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,