Docket No: 11080-19
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 was 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 31 August 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, and applicable statutes, regulations, and policies. 
  
You enlisted in the Navy and began a period of active duty on 6 March 1984.  On 6 March 1984, you signed a Navy drug screening form and were briefed as to the Navy drug policy on 13 March 1984.  On 4 March 1987, you received an Honorable discharge and this was documented on a DD Form 214.  You immediately reenlisted and, on 20 August 1987, nonjudicial punishment (NJP) was imposed on you for Wrongful Use of Cocaine.  Subsequently, administrative separation action by reason of drug abuse was initiated against you.  You were notified of administrative separation proceedings against you and, on 21 August 1987, you waived your rights to counsel and an administrative board.  On 14 September 1987, your Commanding Officer recommended you be separated.  On 18 September 1987, the Separation Authority directed you be administratively separated, and that the characterization of your service be “Under Other than Honorable Conditions” (OTH).  You were discharged from the Navy on 21 September 1987, with an OTH discharge.   
 
You have requested an upgrade of your discharge characterization.  In support of your petition, you contend that you were given an unjust discharge, which resulted from an isolated incident during your second enlistment. You assert you were not offered rehab and asked that your first Honorable discharge be entered into your records.  You also assert that the VA says there is no record of an Honorable discharge.  The Board concluded these factors and assertions were not sufficient to warrant a change to your narrative reason given your misconduct, which resulted in NJP for drug abuse. The Board also noted that you waived your rights with regard to discharge proceedings.  By doing so, you waived your first, and best, opportunity to advocate for retention, or a more favorable characterization of discharge.  The Board also noted that a DD 214 reflecting an Honorable discharge following your first enlistment is accurately reflected in your service record.   
 
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 reviously 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,