Docket No: 988-20 
Ref: Signature Date 

Dear : 
 
This is in reference to your application of 22 November 2019 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 that 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 14 April 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 on 19 March 1979.  Your enlistment contract indicates that a service obligation of six years in the Reserve, four of which were to be on active duty.  On 31 January 1981, you acknowledged the receipt of a 2.8 performance mark.  Upon completion of your initial four-year period of active duty service, you continued on active duty.  In January 1985, you extended your service for an additional two years.  On 2 September 1986, you received non-judicial punishment (NJP) for unauthorized absence (UA) from your appointed place of duty and for dereliction of duty.  On 6 January 1987, you received a second NJP for wrongful use of a controlled substance (THC).  On 6 February 1987, you were advised that you were not recommended for re-enlistment due to frequent involvement with military authorities to include drug abuse.  On 6 February 1987, you acknowledged that you were being discharged with an other than honorable characterization of service.  On 6 February 1987, you were discharged from the Navy on the basis of misconduct and received an other than honorable characterization of service and a reentry (RE) code of RE-4. 

In your petition to the Board, you ask for an upgrade to your characterization of service from other than honorable to general.  You state that had you known the other than honorable characterization was adverse, you would have opted to finish any remaining time.  You assert that you were not advised that by accepting an administrative discharge, you would receive an other than honorable service characterization.  You also note that you had four years of honorable service prior to your misconduct, that you got divorced and were not thinking clearly at the time.  You indicate that you believed your discharge would be characterized honorably. 
 
The Board, in its review of your entire application, carefully weighed all potentially mitigating factors, including your personal circumstances and your belief that you would receive an honorable characterization of service.  The Board reviewed your available records and noted that you acknowledged your receipt of an other than honorable discharge with your signature on Administrative Remarks dated 6 February 1987.  Even in consideration of your personal challenges, the Board found that your record indicates you were properly notified of the nature of your discharge characterization and that the misconduct of wrongful use of a controlled substance, as reflected in your second NJP, supports the other than honorable discharge.  The Board concluded that you did not provide sufficient evidence to overcome the misconduct reflected in your record, and that your discharge does not merit corrective action. 
 
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 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,