Docket No: 11107-19 
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 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  
25 September 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, and regulations and policies. 
 
You enlisted in the Navy and began a period of active service on 18 December 1989.  You were counseled on 30 April 1990 regarding your misconduct.  On 16 November 1990, you received non-judicial punishment (NJP) for disorderly conduct.  On 23 July 1991, you again received NJP for disorderly conduct, and you were counseled regarding your misconduct.  On 11 May 1992, you were convicted by civil authorities for trespassing (prowling).  On 28 May 1992, you received NJP for wrongful use of marijuana.  On the same day, you were notified of the initiation of administrative separation proceedings by reason of misconduct due to a pattern of misconduct and misconduct due drug abuse, at which point, you elected your right to consult with legal counsel, and waived your right to a hearing before an administrative discharge board.  On 26 July 1992, the discharge authority approved and directed your discharge.  On 10 August 1992, you were discharged with an other than honorable characterization of service by reason of misconduct due to a pattern of misconduct. 
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge, and your contention the stress of family problems led to your accidental marijuana use.  You request leniency from the Board so that you are able to use veteran’s benefits.  Please note that there is no provision in law or regulation that provides for an upgrade of characterization based solely on basis of veteran’s benefits.  The Board noted your records do not contain evidence, and you failed to provide evidence to support your contentions.  Further, the Board noted you were counseled regarding your misconduct, however, your misconduct continued.  After careful consideration of your contentions, the Board did not find evidence of an error or injustice that warrants upgrading your 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. 
 
 
 Sincerely,