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

Docket No: 1993-19 
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 for Correction of Naval Records, sitting in executive session, considered your application on 18 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 and applicable statutes, regulations and policies. 
 
You enlisted and began a period of active service on 23 August 1988.  On 12 June 1992, you received non-judicial punishment (NJP) for wrongful use of a controlled substance-cocaine.  On 20 July 1992, Navy Personnel Command approved your discharge.  Your command did not effect this discharge because you had not been properly notified of your administrative rights.  Subsequently, on 28 July 1992, you were properly notified of administrative separation processing by reason of misconduct-drug abuse, at which point, you elected counsel and to appear before an administrative discharge board (ADB).  On 14 August 1992, an ADB determined that you committed misconduct, and recommended that you be discharged with an under other than honorable (OTH) characterization of service by reason of misconduct due to drug abuse.  On 19 August 1992, your Commanding Officer recommended and OTH characterization of service.  On 20 August 1992, your defense counsel submitted a letter of deficiencies with regard to your ADB asserting that you were not afforded due process.  However, based on your available naval records, the Commander,  . approved your separation by reason of misconduct and on 21 August 1992, you were discharged.  
 
The Board reviewed all material evidence submitted with your application.  The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge, and contention of youth, stress, and regret for your mistakes.  You stated you did not receive due processes, which was reflected in the letter of deficiencies by your defense counsel.  The Board noted that your naval record revealed that Navy officials acknowledged that you did not receive due process after Navy Personnel Command approved your discharge (20 July 1992), at which time you were notified and you elected counsel and to appear before an ADB.  On 14 August 1992, your ADB determined that you committed misconduct, and recommended that you be discharged with an OTH characterization of service by reason of misconduct due to drug abuse.  The Board concluded that Navy officials did not deny you the fundamental due process to which you were entitled.  Further, the Board considered your contentions and overall service but concluded that the severity of your drug related misconduct [wrongful use of a controlled substance-cocaine] outweighed your current desire to upgrade 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 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, 
                                                                              
6/19/2020