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

Docket No: 2040-19 
Date: Ref Signature 


This is in reference to your application of 4 February 2019 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 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 in the Navy and began a period of active service on 1 September 1992.  On 17 June 1993, you received non-judicial punishment (NJP) for two specifications of larceny.  On 22 September 1993, you received NJP for wrongful use of marijuana.  On 28 September 1993, you underwent a drug and alcohol abuse evaluation, and it was determined you were not physically or psychologically dependent on alcohol.  On 28 September 1993, you were notified of the initiation of an administrative action to separate you from the naval service for misconduct-commission of a serious offense, and misconduct-drug abuse, at which point, you waived your right to consult with counsel and your procedural rights.  On 16 December 1993, your Commanding Officer recommended your discharge for misconduct-commission of a serious offense, and misconduct-drug abuse.  On 24 January 1994, the discharge authority approved and directed an other than honorable (OTH) characterization of service by reason of misconduct-commission of a serious offense.  On 31 January 1994, you were so discharged. 

The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge and contention you served time for the offense and you have become a better person.  The Board commends your post-service conduct.  The Board concluded that there was 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,