Docket No: 1488-21 
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.     
 
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 16 April 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, 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 reenlisted in the Navy on 28 March 1990, and continued period of obligated active service.  On 7 September 1990, you received non-judicial punishment (NJP) for being absent from your appointed place of duty.  On the same day, you were counseled regarding your NJP.  On 15 November 1991, you were convicted in a civilian court for unlawful purchase of crack cocaine, at which point, you pled no contest.  Adjudication was withheld, and your sentence included, 6 months of confinement (suspended), drug education, a fine of $220.00, and 18 months of probation.   
 
On 19 March 1992, you were notified of the initiation of administrative separation proceedings by reason of misconduct due to drug abuse.  On the same day, you elected your right to consult with counsel and to have your case reviewed by an administrative discharge board (ADB).  On 8 April 1992, an ADB convened and recommended your discharge from naval service with an other than honorable (OTH) characterization of service by reason of misconduct due to drug abuse.  On 8 May 1992, your commanding officer concurred with the recommendation of the ADB.  On 2 June 1992, the discharge authority approved and directed your separation from the 
naval service with an OTH characterization of service by reason of misconduct due to drug abuse.  On 19 June 1992, you were so discharged.  
 
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 your contention that your ADB was held prior to your award of a withheld adjudication in civilian court.  The Board reviewed all supporting evidence submitted with your application, and specifically noted you pled no contest to the civilian drug charges against you.  Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief.  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, 
4/27/2021
Executive Director