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

Docket No: 10658-18                                   
Ref: Signature Date 

This is in reference to your application of 28 October 2018 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 that 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, and applicable statutes, regulations, and policies. 

Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will 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 9 August 1988.  On 1 March 1990, you received non-judicial punishment (NJP) for an unauthorized absence totaling 14 days and missing ship’s movement.  On 12 March 1991, you were convicted by civilian authorities of drunk driving.  On 7 November 1991, you received your second NJP for an unauthorized absence totaling two days and wrongful use of methamphetamine.  Subsequently, you were notified of an administrative action to separate you from the naval service.  You were advised of, and waived, your procedural rights, including your right to consult with and be represented by military counsel, and your right to present your case to an administrative discharge board (ADB).  Your commanding officer (CO) recommended that you be administratively discharged from the naval service with an other than honorable (OTH) characterization of service. The discharge authority approved the CO’s recommendation and directed that you be separated with an OTH characterization of service for misconduct due to commission of a serious offense. On 9 January 1992, you were so discharged. 

The Board carefully weighed all potentially mitigating factors in your case, such as your post service conduct and your desire to upgrade your discharge.  The Board considered your contention that you were surprised about your positive urinalysis results, you had never done drugs while in the military or otherwise; you requested to have your urinalysis test retested.  You were given the option to serve your remaining four months of service in the brig or to receive an OTH discharge with the promise of an upgrade to honorable in six months.  The Board concluded that these factors were insufficient to warrant relief in your case because of the seriousness of your misconduct that resulted in a civilian conviction and two NJPs, which included wrongful drug use.  You also waived your right to an ADB, and thereby forfeited your best opportunity to present evidence and argue for a better characterization of service. Regarding your contention that you were promised an upgrade of your character of service, there is no evidence in the record and you presented none to support your contention.  Further, there is no provision of law or in Navy regulations that allows for re-characterization of service due solely to the passage of time. Under the totality of the circumstances, the Board 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,


12/19/2019