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


Docket No: 9377-18 
Ref: Signature Date 
 
  
Dear  
 
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 9 October 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 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 reenlisted in the Navy on 21 February 1987 after nearly four years of prior honorable service.  On 19 May 1987, you received nonjudicial punishment (NJP) for wrongful use of cocaine.  Subsequently, you were notified of pending administrative separation processing with an other than honorable (OTH) discharge by reason of misconduct due to drug abuse.  You elected requested an administrative discharge board (ADB).  The ADB found that you had committed misconduct and recommended that you be discharged under OTH conditions by reason of misconduct due to drug abuse, but recommended that your discharge be suspended for 12 months.  Your commanding officer agreed with the ADB recommendation that you receive and OTH, but disagreed with the recommendation that the discharge be suspended for 12 months.  The separation authority approved your immediate discharge.  On 28 August 1987, you received a discharge with an OTH characterization of service. 
 
The Board considered your contention that your discharge would be changed after six months.  The Board concluded is was not sufficient to warrant relief in your case because of the seriousness of your misconduct that violated the Navy’s policy of “zero tolerance.”  Also, there is no provision of law, or in Navy regulations, that allows for recharacterization of service solely due to the passage of time.  The Board, in its review, discerned no material error or injustice in the characterization of service. 
 
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.