DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490
                                                              
Docket No: 1919-19                                                              
Ref: Signature Date 

This is in reference to your application of 19 December 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  10 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, 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 May 1986.  During the period from 10 June to 31 July 1987, you received three non-judicial punishments (NJP) for absence from your appointed place of duty, wrongful use of cocaine, disobeying a lawful order,  and drinking while in a duty status.  Subsequently, you were notified of an administrative action to separate you from the naval service for misconduct due to drug abuse. After you waived your rights, your commanding officer (CO) recommended discharge with an under other than honorable (OTH) characterization of service for misconduct due to drug abuse.  The discharge authority approved this recommendation and directed separation with an OTH characterization of service for misconduct.  On 16 September 1987, you so were discharged. 

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and contention that you have grown since discharge and you are now a parent and wish to show your daughter a better life.  In this regard, the Board concluded that your violation of the Navy’s “Zero Tolerance” drug policy and misconduct outweighed your desire upgrade your discharge. 

In regard to your contention that you have grown since discharge and you are now a parent and wish to show your daughter a better life, the Board noted while commendable, your post service conduct does not excuse your conduct while enlisted in the Navy or the basis for 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, 

3/31/2020