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

Docket No: 1060-18                
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 you did not file your application 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 27 March 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. 

Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel would not materially add to their understanding of the issues involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 

You enlisted in the Navy and began a period of active duty on 31 January 1989.  On 9 May 1990, you received nonjudicial punishment (NJP) for an unauthorized absence totaling 11 days and wrongful use of a controlled substance.  On 26 July 1990, you received your second NJP for being absent from your appointed place of duty.  On 16 August 1990, you received your third NJP for being absent from your appointed place of duty and wrongful use of a controlled substance.  On 20 August 1990, you were notified of the initiation of, and your rights with respect to, administrative separation processing by reason of misconduct due to pattern of misconduct, drug abuse, and alcohol rehabilitation failure.  You waived your rights to consult with legal counsel and to present your case to an administrative discharge board.  The commanding officer recommended that you be discharged with an other than honorable (OTH) character of service.  The discharge authority approved this recommendation and directed an OTH discharge.  On 7 September 1990, you were discharged. 

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and to receive the benefit to be buried with military honors. The Board concluded that these factors were not sufficient to warrant relief because of the seriousness of your misconduct.  After a thorough review of the facts and circumstances unique to your case, the Board discerned no impropriety or inequity 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 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, 
6/28/2019 
Executive Director