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

Docket No: 10649-18      
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 20 November 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 enlisted in the Navy and began a period of active duty service on 17 March 1986.  As part of your enlistment paperwork, on 16 October 1985, you signed the Navy’s drug and alcohol abuse statement of understanding.  On 10 September 1986, you were dropped from your guaranteed/assigned “A” school due to academic failure.  On 7 December 1990, you were formally counseled for failure to obey a lawful order.  On 14 February 1991, you received non­judicial punishment (NJP) for unauthorized absence (UA). On 13 April 1991, you were again in a UA status for approximately 24 hours.  Five months later, on 25 July 1991, in accordance with your pleas of guilty, you were convicted at a special court-martial (SPCM) for failure to obey a lawful order, UA, and two specifications of wrongful possession of cocaine (three Ziploc bags and a straw containing cocaine residue).  As a result of the foregoing, on 23 August 1991, you were notified of administrative action to separate you from the naval service by reason of misconduct due to drug abuse (possession), and misconduct due to the commission of a serious offense. On 26 August 1991, you elected counsel and your procedural rights.  On 12 September 1991, an administrative discharge board (ADB) convened and recommended your discharge with an other than honorable (OTH) characterization of service by reason of misconduct due to drug abuse (possession), and misconduct due to the commission of a serious offense. On 9 October 1991, you were medically evaluated and determined not to be drug or alcohol dependent.  On 17 October 1991, your commanding officer concurred with the ADB’s recommendation.  On 2 December 1991, the discharge authority directed your discharge with an OTH characterization of service by reason of misconduct-drug abuse (possession).  On 19 December 1991, you were discharged. 

The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge and your contention that you were not afforded proper legal counsel.  Additionally, you state that you did not abuse drugs and the items found in your possession did not belong to you.  The Board noted that you did not provide evidence to support your contentions.  Your service record also specifically reflects that you pleaded guilty at SPCM, where you were represented by competent legal counsel, to drug possession.  The Board also noted that you again elected to be represented by competent legal counsel and have your administrative separation case heard before an ADB.  Accordingly, the Board determined that you were afforded your procedural rights, afforded due process, and assigned the appropriate reason for separation.  The Board concluded that your discharge was appropriate based on the seriousness of the misconduct found by the ADB. 

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, 


12/23/2019