DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 7
01 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490 

Docket No: 1355-19 
Date: Ref Signature 

Dear

This is in reference to your application of 27 November 2018 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 19 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 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 service on 28 January 1986.  On 27 November 1987, you received non-judicial punishment (NJP) for wrongful use of cocaine, and unauthorized absence (UA).  On 3 December 1987, you were notified of an administrative action to separate you from the naval service for misconduct-drug abuse, at which point, you waived your right to consult with counsel and your procedural rights.  On 15 December 1987, you underwent a medical evaluation and you were determined to not be drug dependent.  On 8 January 1988, the discharge authority approved and directed your discharge.  On 19 January 1988, you were discharged with an other than honorable (OTH) character of service for misconduct-drug abuse.
 
The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge and contention that you had years of service, and one offense.  There is no precedent within this Board’s review, for minimizing the “isolated incident.” As with each case before the Board, the seriousness of a single act must be judged on its own merit; it can neither be excused nor extenuated solely on its isolation.  The Board considered your contention and concluded that your discharge was appropriate based on the seriousness of your drug related 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,