Docket No: 776-20 
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 the entire record, 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 application on its merits.  A three-member panel of the Board, sitting in executive session, considered your application on 23 March 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. You enlisted in the Navy and began a period of active-duty service on 2 July 1990.  From 2 May 1991 through 15 May 1991, you embarked on a period of unauthorized absence (UA) from the USS .  You embarked upon another period of UA from 16 May 1991 to 6 June 1991, and your missed your ship’s movement.  On 28 June 1991, you were found guilty at summary court-martial (SCM) of UA and missing ship’s movement.  On 12 March 1992, you received nonjudicial punishment (NJP) for violating Uniform Code of Military Justice (UCMJ) Article 112a (wrongful use of a controlled substance amphetamine/methamphetamine).  Administrative Remarks dated 27 April 1992 reflect that you were not recommended for re-enlistment and were assigned a reentry (RE) code of RE-4.  You were discharged from the Navy on 27 April 1992 on the basis of misconduct due to drug abuse with an other than honorable (OTH) characterization of service and a reentry (RE) code of RE-4. 

You request an upgrade in your OTH service characterization.  You provide information about your personal circumstances at the time of your in-service misconduct.  You state that you were newly married with a 19-year-old wife and a new baby with medical problems.  Your ship was about to leave port to, but you were not senior enough in rank to take your family overseas.  You contend that you panicked and took drugs so that you would be kicked out of the Navy.  You state that you regret your decision with your whole heart. 

The Board, in its review of your entire application, carefully weighed all potentially mitigating factors, including your personal circumstances at the time of your misconduct and your post-ser vice conduct and accomplishments.  The Board noted that you regret the decisions you made that resulted in your discharge from the Navy.  However, the Board determined that the seriousness of your repeated misconduct could not be overcome by your personal challenges, and that your OTH characterization of service is supported by your record.  The Board concluded that your current discharge does not merit corrective action. 

It is regretted that the circumstances of your case are such that favorable action is not warranted.  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.