DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 11393-19 Date: Ref Signature Dear Mr. : 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 28 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, as well as applicable statutes, regulations, and policies. You enlisted in the Navy and began a period of active service on 1 November 1984. On 2 November 1984, you were briefed on the Navy’s drug and alcohol abuse policy. On 14 October 1985, you were convicted at a special court martial (SPCM) of theft. On 18 March 1986, counseled regarding your previous misconduct, and your failure to conform to Navy standards. On 6 November 1986, you received non-judicial punishment (NJP) for wrongful use of a controlled substance. As a result of the foregoing, on 10 February 1987, you were notified of the initiation of administrative separation proceedings by reason of misconduct-drug abuse, at which point, you waived your right to consult with counsel and review of your case by an administrative discharge board (ADB). On 6 March 1987, your commanding officer recommended your discharge from naval service with an other than honorable (OTH) characterization of service. On 14 March 1987, the discharge authority approved and directed your discharge with an OTH characterization of service by reason of misconduct-drug abuse. On 26 March 1987 you were so discharged. The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and contention of youth. You contend your lawyer forced you to accept an OTH characterization of service, and informed you that it could be upgraded in ten years. You contend you were cleared of the accusation but you were forced out of the Navy four months and twenty days before your obligated period of active service was to end. Please note that there is no provision in law or regulation that provides for an upgrade of characterization based solely on the passage of time. The Board noted you failed to provide evidence, and your record did not contain evidence to support, your contentions. 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, 12/9/2020 Executive Director