DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No: 10535-18      
Ref: Signature date 

This is in reference to your application 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 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 4 December 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, as well as applicable statutes, regulations, and policies. 

You reenlisted in the Navy on 15 November 1989, after more than four years of prior service.  On 22 December 1992, you received nonjudicial punishment (NJP) for the wrongful use of crack cocaine.  Subsequently, you were notified of pending administrative action to separate you from the naval service because of misconduct due to drug abuse, at which time you waived your right to present your case to an administrative discharge board (ADB).  Your commanding officer recommended discharge under other than honorable (OTH) conditions by reason of misconduct due to drug abuse.  The discharge authority approved the recommendation and directed the OTH separation by reason of misconduct.  On 27 January 1993, you were so discharged. 

The Board carefully weighed all potentially mitigating factors, including your past service.  However, the Board concluded that these factors were insufficient to warrant relief in your case because of the seriousness of your misconduct that resulted in an NJP and wrongful drug use in light of the Navy’s policy of “zero tolerance.”   You also waived your right to an ADB, and thereby forfeited your best opportunity to receive a better characterization of service. The Board relies on a presumption of regularity to support the official actions of public officers and, in the absence of substantial evidence to the contrary, will presume that they have properly discharged their official duties.  Accordingly, the Board, in its review, discerned no probable material error or injustice in the discharge. 

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,

 
1/8/2020