Docket No: 7139-20 
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.    
 
The Board determined that your personal appearance, with or without counsel, would not materially add to their understanding of the issues involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 
 
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 14 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 duty on 27 December 1993.  On 1 January 1994, and on 15 April 1994, you signed the U.S. Navy drug policy.  On 7 January 1995, nonjudicial punishment (NJP) was imposed on you for Failure to Obey a Lawful Order and Drunk and Disorderly.  You were also issued a retention warning.  On 21 November 1995, NJP was imposed on you for Willful Destruction of Government Property and Wrongful Use of a Controlled Substance.  Subsequently, administrative separation action by reason of Misconduct – Commission of a Serious Offense and Wrongful Use of a Controlled Substance, was initiated.  On 4 March 1996, you consulted counsel and requested an administrative board.  On 9 May 1996, an administrative board found a basis for administrative separation and recommended administrative separation with an Under Other than Honorable Conditions (OTH) discharge.  On 26 August 1996, your Commanding Officer recommended you be administratively separated with an OTH discharge.  On 2 September 1996, the Separation Authority directed you be administratively separated with an OTH discharge.  On 3 October 1996, you were discharged with an OTH discharge.     
 
You requested an upgrade of your discharge to General.  You stated you are a successful and hardworking man as well as a father, protector, and provider for your family.  You acknowledged you made a regretful and poor decision as an immature man over twenty four years ago.  You asserted you want to be viewed in the good light your family, friends, peers, and community sees, and that you learned from a poor decision.   
 
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 that you have been a productive member of society since your discharge.  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, 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,