Docket No: 2606-19 
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 23 April 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. 

Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issues involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record You enlisted in the Navy and began a period of active service on 27 July 1989.  You went on a period of unauthorized absence (UA) from 22 January 1990 to 24 January 1990. On 26 January 1990, you received non-judicial punishment (NJP) for two specifications of UA.  On 18 April 1990, you again received NJP for two specifications of UA, at which point, you were counseled regarding your misconduct.  On 28 August 1991, you received NJP for wrongful use of a controlled substance. As a result of the foregoing, on 13 September 1991, you were notified of the initiation of administrative separation proceedings by reason of misconduct-drug abuse, at which point, you waived counsel and your procedural rights.  On 18 September 1991, your commanding officer recommended your discharge with an other than honorable (OTH) characterization of service by reason of misconduct-drug abuse.  On 25 September 1991, the separation authority approved and directed your discharge with an OTH characterization of service by reason of misconduct due to drug abuse.  On 2 October 1991, you were discharged. 

The Board carefully weighed all potentially mitigating factors, such your desire to upgrade your discharge and your contentions that you were reduced in rank and restricted to the ship.  You contend it was double jeopardy by receiving an OTH characterization of service.  Please note certain serious offenses, even though isolated, warrant the initiation of administrative separation processing from the Navy to maintain good order and discipline.  Wrongful use of a controlled substance is one such offense requiring, at a minimum, mandatory processing for an administrative separation, which usually results in an unfavorable characterization of service. 

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.