Docket No: 1123-19 
Date: Ref Signature 
 

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 5 February 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, as well as applicable statutes, regulations, and policies. 
 
You reenlisted in the Navy and continued a period of active service on 10 May 1989.  On 17 August 1989, you received non-judicial punishment (NJP) for wrongful use of cocaine.  On 28 August 1989, you were notified of the initiation of administrative separation proceedings by reason of misconduct-drug abuse.  On 29 September 1989, elected counsel and your procedural rights.  On 11 December 1989, your commanding officer recommended that you be discharged with an other than honorable (OTH) characterization of service by reason of misconduct-drug abuse.  On 2 November 1989, an administrative discharge board (ADB) convened and recommended your discharge with an OTH characterization of service by reason of misconduct-drug abuse.  On 11 January 1990, the discharge authority approved and directed your discharge.  On 23 January 1990, you were discharged with an other than honorable (OTH) character of service by reason of misconduct-drug abuse. 
 
The Board carefully weighed all potentially mitigating factors, such your desire to upgrade your discharge and contention that since your discharge you have improved your character.  The Board commends your post service accomplishments.  However, the Board concluded that your desire to upgrade your discharge was not enough to outweigh the significant drug related 
misconduct you committed.  In its review, the Board discerned no probable material error or injustice in your discharge. 
 
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.