Docket No: 11222-19 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 that 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 7 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, relevant portions of your naval record, applicable statutes, regulations, and policies. You enlisted in the Navy and began a period of active service on 10 March 1989. On 14 March 1989 you were briefed on the Navy’s policy for drug and alcohol abuse. On 7 May 1991, you received non-judicial punishment (NJP) for unauthorized absence (UA). On the same day, you were counseled regarding your misconduct. On 23 July 1991 and 17 April 1992, you received two separate NJPs for wrongful use of cocaine. On 17 April 1992, you were notified of an administrative action to separate you from the naval service for misconduct-pattern of misconduct, misconduct-commission of a serious offense, and misconduct-drug abuse. On 20 April 1992, you underwent a medical exam and you were determined to have a psychoactive substance dependency on cocaine. On 22 April 1992, you elected your right to consult with counsel and to have your case presented to an administrative discharge board (ADB). On 23 April 1992, an ADB convened and recommended your discharge from naval service with an other than honorable (OTH) characterization of service. On 2 June 1992, your commanding officer recommended your discharge from naval service. On 2 July 1992, the discharge authority approved and directed your discharge with an other than honorable (OTH) characterization of service by reason of misconduct-pattern of misconduct. You were so discharged on 5 August 1992. The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and your contention that you were assaulted by one of your superior officers. You contend you started using drugs because of the assault. The Board noted you did not provide evidence, and your record did not contain evidence to support your contentions. The Board noted you were sufficiently counseled regarding violation of the Navy’s policy on drug and alcohol abuse. The Board noted your repeated misconduct which resulted in three NJPs. As a result of the foregoing, 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,