DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 9515-17 Ref: Signature date Dear This is in reference to your application for correction of your naval record pursuant Title 10, 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 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 for Correction of Naval Records, sitting in executive session, considered your application on 4 February 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, relevant portions of your naval record, as well as applicable statutes, regulations, and policies. You enlisted in the Navy and began a period of service on 15 April 1986. On 22 March 1987, you received non-judicial punishment (NJP) for wrongful use of cocaine. On 11 August 1989, you received your second NJP for wrongful use of cocaine. On 4 October 1989, you were notified of the initiation of administrative separation processing, at which point, you elected counsel and review of your case by an administrative discharge board (ADB). You were evaluated by the Counseling and Assistance Center (CAAC), you admitted to cocaine use on two occasions, and determined to be psychologically dependent on alcohol. On 16 November 1989, an ADB was convened and voted 3 to 0 that you committed misconduct due to drug abuse, however, you were recommended to be retained in Naval Service. On 28 November 1989, your Commanding Officer recommended your discharge, with an other than honorable (OTH) characterization of service for misconduct. The Chief of Naval Personnel (CNP) recommended a general characterization of service by reason of misconduct due to drug abuse. On 30 December 1989, the discharge authority approved your discharge, and directed a general discharge under honorable conditions by reason misconduct due to drug abuse (use). On 10 January 1990, you were advised of your right in inpatient treatment at a VA hospital for rehabilitation. On 11 March 1990 you were discharged. The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and contentions that you became dependent on drugs, completed rehab, did not look back to drugs, had no incidents with the law, have excelled in automotive sales, and acknowledged you made many mistakes. The Board commended your sobriety, and employed status, lawful activities, and recognition of mistakes. Notwithstanding, the Board concluded there is insufficient evidence to warrant relief in your case given your repeated drug related misconduct as evidenced by your two NJPs. It is regretted that the circumstances of your case are such that favorable action cannot be taken at this time. You are entitled to have the Board reconsider its decision upon the submission of new and material evidence. New evidence is evidence not previously 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, 4/18/2019 Executive Director