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 for Correction of Naval Records, sitting in executive session, considered your application on 9 October 2020.  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, applicable statutes, regulations, and policies to include the 25 July 2018 Under Secretary of Defense Memo on Guidance to Military Discharge Review Boards and Boards for Correction of Military / Naval Records Regarding Equity, Injustice, or Clemency Determinations.      
 
You initially enlisted in the Navy on 2 April 1992.  On 27 August 1998 you went to non-judicial punishment for the wrongful use of a controlled substance (cocaine).  You received as punishment a reduction in rank to petty officer third class (E-4), forfeitures of pay, and restriction and extra duties for 45 days.  You did not appeal your NJP. 
 
On 1 September 1998 your command initiated administrative discharge proceedings by reason of misconduct due to drug abuse.  On 2 September 1998 you waived your right to request an administrative separation board and representation by qualified counsel.  On 30 September 1998 you were discharged from the Navy for misconduct due to drug abuse with an other than honorable conditions (OTH) characterization of service.  On 1 March 2006 the Naval Discharge Review Board (NDRB) determined that your discharge was proper and that no change was warranted. 
 
The Board carefully weighed all potentially mitigating factors, along with your contentions that you are requesting a change to general under honorable conditions because you made a mistake many years ago, you are a different and better person today, everyone deserves a second chance, and God is first in your life now.   
 
In reviewing the circumstances of your separation and characterization of service, the Board considered the totality of the circumstances to determine whether relief is appropriate today in the interests of justice in accordance with guidance provided by the Under Secretary of Defense for Personnel and Readiness (Wilkie Memo of 25 July 2018).  Accordingly, the Board considered and acknowledged your positive contributions to the Navy, the length of your active duty service to our nation, and your post-discharge achievements.  However, even in light of the USD Memo, the Board still concluded given the totality of the circumstances, your request does not merit relief. 
 
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, 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,