Docket No: 11497-19 
Ref: Signature Date 
                                                                                          

  
Dear  : 
 
This is in reference to your application of 18 March 2019 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 2 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, and applicable statutes, regulations, and policies. 
 
You enlisted in the Navy and began a period of active duty on 1 April 1986.  You received non-judicial punishment (NJP) on 12 May 1988, for unauthorized absence (UA), failure to obey a lawful order, and wrongful use of a controlled substance-cocaine.  On 16 May 1988, you were counseled regarding your misconduct and notified that further deficiencies may result in the initiation of administrative separation proceedings.  On 29 June 1988, you were placed on drug surveillance and level 1 substance abuse treatment.  In December 1988, while on drug surveillance, you tested positive for marijuana use.  As a result of the foregoing, on 14 February 1989, you were notified of the initiation of administrative separation proceedings by reason of misconduct-drug abuse.  On 16 February 1989, you elected to consult with counsel and a hearing before an administrative discharge board (ADB).  On 3 March 1989, an administrative discharge board (ADB) convened and recommended your discharge from naval service with an other than honorable (OTH) characterization of service by reason of misconduct-drug abuse.  On 16 March 1989, your commanding officer recommended your discharge by reason of misconduct-drug abuse.  On 21 March 1989, the discharge authority approved and directed your discharge with an OTH characterization of service by reason of misconduct-drug abuse.  On 27 March 1990, you began a period of UA.  On 18 April 1989, you were discharged in absentia. 
 
The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge, contention of youth, your positive post service conduct and sobriety.  The Board commends your positive post service conduct.  The Board considered your contentions but concluded that your discharge was appropriate based on the seriousness of the misconduct. 
 
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,