DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 2944-19 Ref: Signature Date This is in reference to your application of 31 January 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 14 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, and applicable statutes, regulations, and policies. You enlisted in the Navy and began a period of active duty on 24 March 1993. On 22 September 1994, you received non-judicial punishment (NJP) for wrongful use of cocaine. 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 other than honorable (OTH) characterization of service for misconduct due to drug abuse. The separation authority approved this recommendation and directed separation with an OTH characterization of service for misconduct. On 7 October 1994, you were so discharged. The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge, contentions that your discharge was unjust because a range of mitigating circumstances were not considered to include a divorce and losing custody of your son, and you begin drinking heavy due to being traumatized by a brutal attack and the desertion of his wife. The Board also noted your contentions that during your service in the Navy, you were appointed by your CO to serve in the Master at Arms Division, you were a hard worker, a conscientious and dedicated member of your ship and, since discharge, you took control of your life and became a master carpenter and stonecutter. However, the Board concluded that there was no probable material error or injustice in your discharge. Regarding your contentions that your discharge was unjust because a range of mitigating circumstances were not considered, the Board noted that there is no evidence in your record, and you submitted none, to support your contentions. The Board also noted that the record shows that you were notified of and waived your right to present your case to an administrative discharge board (ADB). In doing so, you gave up your first and best opportunity to advocate for retention or a more favorable characterization of service. Regarding your contentions that during your service in the Navy, you were appointed by your CO to serve in the Master at Arms Division, you were a hard worker, and a conscientious and dedicated member of your ship, the Board noted that a Sailor’s service is characterized at the time of discharge based on performance during the current enlistment. Regarding your contention that you took control of your life and became a master carpenter and stonecutter, the Board noted while commendable, your post service conduct does not fully mitigate 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, 4/29/2020