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

Docket No: 1568-19 
Date: Ref Signature 

Dear 

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 4 March 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 26 April 1989.  On 25 May 1989, a drug and alcohol abuse report notes that you tested positive for marijuana use, determined not to be drug dependent, and recommended for retention in the naval service.  On 9 August 1990, you were punished at non-judicial punishment (NJP) for being in an unauthorized absence (UA) status on four occasions and disobeying a lawful order.  On 8 April 1993, you received NJP for false official statement.  On 14 April 1993, you were in an unauthorized absence status for one hour.  On 3 December 1993, you received NJP for wrongful use/possession of marijuana.  On 7 December 1993, you were notified of the initiation of administrative separation proceedings by reason of misconduct-drug abuse and misconduct-commission of a serious offense. Subsequently, you waived your right to consult with counsel and your procedural rights.  You went UA from 17 December 1993 to 4 January 1994. On 7 January 1994, your commanding officer recommended your discharge with an other than honorable (OTH) characterization of service by reason of misconduct-drug abuse and misconduct-commission of a serious offense.  On 10 January 1994, the separation authority approved and directed your discharge with an OTH characterization of service by reason of misconduct-drug abuse.  On 11 January 1994, you were discharged. 

The Board carefully weighed all potentially mitigating factors, such your desire to upgrade your discharge and your contention of immaturity.  In regard to your contention the Board considered your youth and immaturity as factors in your behavior, but concluded that the severity of your drug related misconduct outweighed your current desire to upgrade your discharge.  The Board, in it review, discerned no probable material error or injustice in the 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,