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

Docket No:  1869-18  
Ref: Signature date 


This letter 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 28 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, 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 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 15 January 1985.  On 29 July 1988, you were counseled regarding admission of drug use and failing to maintain test equipment work center records properly.  You were advised that any further deficiencies in performance and/or conduct may result in disciplinary action and processing for administrative discharge under other than honorable conditions.  On 3 August 1988, you were evaluated and it was determined you were not drug dependent.  On 8 August 1988, you received non judicial punishment (NJP) for wrongful use of a controlled substance.  On 31 August 1988, administrative discharge action was initiated by reason of misconduct (drug abuse) and you requested a hearing before an administrative board.  On 25 October 1988, the board voted 3 to 0 that you committed misconduct and recommended separation under other than honorable (OTH) conditions.  On 6 January 1989, you received an OTH discharge. 

In your application you requested the Board upgrade your discharge.  You asserted that the drug use was due to a very difficult divorce because while you were deployed your wife aborted your baby and took your money and personal belongings.  You stated you were young and had no one to turn to and one night in July 1988 you used methamphetamines.  You claimed you never used any illegal substances since that day and that this one-time mistake has haunted you since then.  Additionally, you stated that if your discharge were upgraded you would have more employment opportunities.  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.  You would have received counseling on drug use upon entry into the Navy; this counseling was not present in your record.  The Board carefully weighed all potentially mitigating factors, such as your record of service and your contentions.  The Board concluded these factors were not sufficient to warrant a change to your discharge given your misconduct after you had been warned regarding drug abuse and the potential for administrative separation under OTH conditions. 

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