Docket No: 7107-20 
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 8 March 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 September 1980.  On 1 December 1983, you received an in-service brief on the Navy Policy on Drug and Alcohol Abuse.   On 18 February 1984, you received nonjudicial punishment (NJP) for wrongful use of a controlled substance.  On 19 February 1984, you acknowledged a counseling entry advising you that any further misconduct due to drug abuse may result in not only disciplinary action, but in processing for administrative separation.  On 24 January 1985, you received a second NJP for wrongful use of a controlled substance.  In June 1985, you were referred to Level III Treatment for Drug Abuse; however, you were disenrolled due to lack of motivation.  On 20 November 1985, you acknowledged a 6105 counseling entry notifying you of your retention in the Naval Service and advising you that further deficiencies in your performance and/or conduct may result in disciplinary action and in processing for administrative separation.  On 17 January 1986, you received a third NJP for dereliction in the performance of duties.  On 13 June 1986, you received a fourth NJP for wrongful use of a controlled substance.  Subsequently, you were notified of pending administrative separation by reason of misconduct, specifically due to a Pattern of Misconduct, Commission of a Serious Offense, and Drug Abuse Rehabilitation Failure, at which point, you did not elect to consult with counsel and waived your procedural rights.  On 18 June 1986, you were evaluated by a medical officer and it was determined that you were psychologically dependent on amphetamines.  On 19 June 1986, your commanding officer recommended discharge by reason of misconduct with an other than honorable (OTH) characterization of service.  On 26 June 1986, the discharge authority directed discharge with an OTH character of service by reason of misconduct.  On 2 July 1986, you acknowledged a counseling entry advising you of your right to request in-patient treatment at a Department of Veterans Affairs hospital prior to being discharged.  Subsequently, you refused that treatment.  On 2 July 1986, you were discharged 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, your contention the rehabilitation treatment you received in the Navy was not enough, your willingness to take responsibility for your misconduct, your statement regarding your post-service accomplishments, and your statement that you have stayed clean for twenty-five years and have “been a model citizen.”  Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief.  Specifically, the Board determined that your pattern of misconduct, as evidenced by your four NJP’s and repeated drug use, 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 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,