Dear : 
 
This letter is in reference to your reconsideration request dated 11 December 2019.  You previously petitioned the Board for Correction of Naval Records (Board) and were advised that your application had been disapproved.  Your case was reconsidered in accordance with Board procedures that conform to Lipsman v. Sec’y of the Army, 335 F. Supp. 2d 48 (D.D.C. 2004).  After careful and conscientious consideration of the entire record, the 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 4 June 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 including 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 21 February 1990 at age 20.  On 23 January 1992, you were convicted by special court-martial (SPCM) of 69 days of unauthorized absence, (UA) and wrongful use of cocaine.  On 27 February 1992 you were notified of an administrative action to separate you from the naval service for the commission of a serious offense.  You waived your rights to consult with counsel, submit a statement, or have your case presented to an administrative discharge board (ADB).  On 24 March 1992, your Commanding Officer forwarded his recommendation that you be discharged with an under other than honorable characterization of service.  On 6 June 1992, the discharge authority directed that you be discharge with an other than honorable characterization of service discharge, and you were discharged on 23 June 1992. 
 
The Board carefully weighed all potentially mitigating factors, such your contention that the narrative reason for your discharge is preventing you from obtaining VA benefits.  The Board, however, concluded that this factor was not sufficient to change your narrative reason for separation or upgrade your discharge or grant any other relief in your case. 
 
Additionally, the Board reviewed your application under the recent guidance provided in the Under Secretary of Defense’s memorandum dated 25 July 2018 entitled, “Guidance to Military Discharge Review Boards and Boards for Correction of Military/Naval Records Regarding Equity, Injustice, or Clemency Determinations” (USD Memo).  The purpose of the USD Memo is to ease the process for veterans seeking redress and assist Boards for Correction of Military/Naval Records “in determining whether relief is warranted on the basis of equity, injustice, or clemency.”  The USD Memo noted that “increasing attention is being paid to…the circumstances under which citizens should be considered for second chances and the restoration of rights forfeited,” and that “BCM/NRs have the authority to upgrade discharges or correct military records to ensure fundamental fairness.”  The USD Memo sets clear standards and principles to guide BCM/NRs in application of their equitable relief authority, and further explains that boards shall consider a number of factors to determine whether to grant relief.  However, even in light of the USD Memo, the Board still concluded that, given the totality of the circumstances, your request does not merit relief. 
 
It is regretted that the circumstances of your reconsideration petition 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 the absence of new matters for reconsideration, the decision of the Board is final, and your only recourse would be to seek relief, at no cost to the Board, from a court of appropriate jurisdiction. 
 
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,