Docket No: 2627-19 
Ref:  Signature Date 

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 20 July 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 duty on 12 December 1989.  On 15 December 1989 and 9 January 1990, you were briefed on the Navy’s policy concerning drug and alcohol abuse.  On 17 May 1990, you received nonjudicial punishment (NJP) for wrongful use of a controlled substance.  On 18 May 1990, administrative discharge action was initiated to separate you from the Navy for misconduct due to drug abuse as evidenced by your use of cocaine and phencyclidine (PCP).  On 23 May 1990, a Drug/Alcohol evaluation noted that you did not appear dependent on illicit drugs or alcohol at that time, and that you admitted to drug use while home on leave due to “peer pressure.”  On 31 July 1990, your case was forwarded to the separation authority recommending that you receive an other than honorable (OTH) discharge due to drug abuse stating, in part, that you were fully aware of the Navy’s zero tolerance policy on drug abuse, and you failed to conform to military standards of trustworthiness and reliability.  On 15 August 1990, the separation authority directed that you be discharged from the Navy due to drug abuse.  On 24 August 1990, you were discharged from the Navy with an OTH characterization of service. 
  
The Board carefully weighed all potentially mitigating factors, such as your record of service, and desire to have your characterization of service upgraded. The Board concluded these factors, were, not sufficient to warrant re-characterization of your discharge given your NJP for wrongful drug use, and the fact that you were, briefed on the Navy’s policy concerning drug and alcohol abuse on more than one occasion.  
  
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,