DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 
                                                            
Docket No: 1538-19   
Date: Ref Signature 

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 26 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 enlisted in the Navy and began a period of active service on 3 November 1986.  On 20 May 1988, you received non-judicial punishment (NJP) for unauthorized absence (UA) and disobeying a lawful order.  On 12 October 1988, you received NJP for wrongful use of marijuana and leaving watch without being properly relieved.  On 24 October 1988, you underwent a substance abuse evaluation and you were determined to be not drug or alcohol dependent.  On 18 October 1988, you were notified of the initiation of administrative separation proceedings by reason of misconduct-drug abuse and elected to consult with counsel and invoke your procedural rights.  On 16 November 1988, an administrative discharge board (ADB) convened.  The ADB found that you had committed misconduct and recommended that you be discharged with a general characterization of service by reason of misconduct due to drug abuse.  On 12 December 1988, your commanding officer recommended your discharge with an other than honorable (OTH) characterization of service by reason of misconduct-drug abuse.  On 21 December 1988, the separation authority concurred with the ADB and approved and directed that you be discharged with a general discharge by reason of misconduct due to drug abuse.  On 4 January 1989, you were discharged. 

The Board carefully weighed all potentially mitigating factors, such your desire to upgrade your discharge.  The Board concluded that your discharge was appropriate based on the seriousness of your drug related misconduct.  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. 
               
Sincerely, 

3/20/2020