DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490
                    
Docket No: 6874-18 
Ref: Signature date 
 
Dear : 
 
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 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 28 October 2018.  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 on 27 May 1986.  On 28 May 1986, you were briefed on the Navy’s policy regarding drug and alcohol abuse.  On 4 December 1986 and 25 February 1987, you received nonjudicial punishment (NJP) for seven days of unauthorized absence (UA), as well as for being absent from your unit.  On 3 March 1987, you were counseled and warned that your failure to undertake the recommended corrective action, could result in administrative discharge action.  On 5 August 1988 and 4 November 1988, you received NJP for misconduct including five periods of UA totaling 56 days, failure to go to your appointed place of duty, failure to obey an order, wrongful use of cocaine, and being incapacitated for the proper performance of duty. 
 
On 10 November 1988, you were notified of administrative action to separate you from the naval service by reason of commission of a serious offense and misconduct due to drug abuse.  After being afforded your procedural rights, you elected to have your case heard before an administrative discharge board (ADB).  On 20 December 1988, while pending administrative separation, you received a fifth NJP for one day of UA and failure to obey an order.  On 21 December 1988, an ADB unanimously found that you had committed misconduct due commission of a serious offense, and misconduct due to drug abuse, and recommended that you be discharged with an other than honorable (OTH) characterization of service.  On 5 December 1988, you were diagnosed with a personality disorder, with antisocial and severe passive-aggressive features that existed prior to your entry onto active duty, as well as alcohol dependence, and cocaine abuse.  It was determined that you were psychiatrically fit for duty but recommended for administrative separation.  On 10 January 1989, your commanding officer forwarded your case to the separation authority, concurring with the ADB’s findings and recommendations.  On 25 February 1989, the separation authority directed that you receive an OTH discharge due to commission of a serious offense.  On 19 April 1989, you were so discharged.   
 
The Board carefully weighed all potentially mitigating factors in your case, including your record of service, and your desire to upgrade your discharge.  However, the Board concluded that these factors were insufficient to warrant recharacterization of your discharge given your misconduct, which resulted in five NJPs, one of which was for wrongful drug abuse, and the fact that you were warned of the consequences of further misconduct after your second NJP. 
 
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,