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 case on its merits.  A three-member panel of the Board, sitting in executive session, considered your application on 14 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 and applicable statutes, regulations and policies.   
 
A review of your record shows that you entered active duty with the Navy in July 1994.  Non-judicial punishment was imposed on you on 13 January 1995 for underage consumption of alcohol and on 4 August 1995 for wrongful use of marijuana.  Non-judicial punishment was imposed on you for multiple unauthorized absences from restricted muster on 25 August 1995 and 6 October 1995 before you were discharged for misconduct with an Other than Honorable characterization of service. 
 
The Board carefully considered your arguments that you deserve an upgrade to your characterization of service due to your homeless status and depression condition.  You assert that you have attempted suicide a number of times since your discharge from the Navy.  Unfortunately, the Board disagreed with your rationale for relief.   
 
In review your record, the Board concluded the seriousness and frequency of your misconduct that formed the basis for your discharge from the Navy with an Other than Honorable characterization of service supports the Navy’s action in your case.  In the Board’s opinion, your wrongful drug use was a significant departure from conduct expected of a member of the naval service based on the punitive discharge authorized under the Uniform Code of Military Justice for the offense.  Additionally, the Board noted that you failed to improve your behavior after your punishment for wrongful drug use by failing to report to restricted musters on multiple occasions.  This was additional evidence that your misconduct was a significant departure from conduct expected of a member of the naval service since it, more likely than not, had negative effects on the good order and discipline of your command.  In the end, the Board concluded your desire to obtain Department of Veterans Affairs benefits was an insufficient basis to upgrade your characterization of service that was appropriately assigned to you based on your record of misconduct.  While the Board empathizes with your current circumstances, they felt it offered inadequate mitigation for the granting of relief in your case.  Accordingly, the Board found insufficient evidence of error or injustice to warrant a change to your record.   
 
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,