DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 9429-18 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 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 12 August 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 on 28 February 1986. On 11 January 1988, you received nonjudicial punishment (NJP) for wrongful possession of a controlled substance (methamphetamines). You were awarded forfeiture of pay, restriction, extra duties, and reduction in rank. On 12 January 1988, a medical evaluation found no evidence of psychological or physical dependence and no need for rehabilitative services. On 1 February 1988, administrative discharge action was initiated by reason of misconduct due to drug abuse/use. After being afforded all of your procedural rights, you waived them, and your case was forwarded to the separation authority for review. Your commanding officer recommended that you be separated from the naval service with an other than honorable (OTH) characterization of service, and the separation authority agreed and approved your separation from the Navy. On 22 February 1988, you were discharge with an OTH characterization of service due to misconduct due to drug abuse/use. You requested the Board upgrade your characterization of service to either general (under honorable conditions) or honorable. You asserted that you only had one NJP during your enlistment. You stated you were remorseful for your actions and truly regret not having made an attempt to remain in the Navy. The Board carefully weighed all potentially mitigating factors, such as your record of service and contentions, and concluded that these factors were not sufficient to warrant a change to your discharge. Regarding your contention that you only had one incident during your enlistment, the Board noted that, although a sailor’s service is generally characterized at the time of discharge based on performance and conduct throughout the entire enlistment, the conduct or performance of duty reflected by a single incident of misconduct may provide the basis of characterization of service. Moreover, generally, characterization under OTH conditions is warranted for misconduct. Further, there is no provision of law or in Navy regulations that allows for recharacterization of service due solely to the passage of time. 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.