DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 8283-17 MAY O3 2019 Dear : This is in reference to your application for correction of your naval record pursuant to the provisions of Title I0, United States Code, Section 1552. After careful and conscientious consideration of the entire record, the Board found the evidence submitted was insufficient to establish the existence of probable material effor or injustice. Consequently, your application was 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 for Correction of Naval Records, sitting in executive session, considered your application on 7 January 2019. 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 5 June 1989. On 15 July 1988, during your delayed enlistment, and again at Recruit Training Command, you were briefed on the Navy's policy regarding drug and alcohol abuse. Between 11 October 1990 and 15 January 1992, you received six nonjudicial punishments (NJP) for drunk and disorderly conduct, assault, failure to go to your appointed place of duty, disobeying lawful orders, and wrongful use of methamphetamine. On 19 August 1991, you were convicted by a summary court-martial (SCM) of disrespectful to a petty officer. On 16 January 1992, your commanding officer (CO) initiated administrative discharge action by reason of misconduct due to commission of a serious offense, a pattern of misconduct, and drug abuse. After you waived your rights, your case was forwarded to the separation authority for review. Your CO recommended that you be discharged with an other than honorable (OTH) characterization of service. On 14 February 1992, the separation authority concurred with your CO's recommendation and directed that you be separated with an OTH characterization of service. You were discharge on 26 February 1992. The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge. In addition, the Board considered your contention that you have no record and have been an upstanding citizen. The Board, however, concluded that these factors and your contention were not sufficient to warrant a change to your discharge, given your repeated and serious misconduct, which resulted in six NJPs and a SCM conviction. The Board noted you waived your procedural rights in connection with your administrative separation. The Board also noted that you provided no evidence to support your contention. lt 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 submission of new matters. 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, Executive Director