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

                                                            Docket No: 2960-19   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 7 May 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. 

You enlisted in the Navy and began a period of active service on 24 July 1989.  On 3 June 1992, you received non-judicial punishment (NJP) for wrongful use of a controlled substance-cocaine.  On 3 June 1992, 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 11 June 1992, the discharge authority approved and directed your discharge.  On 17 June 1992, you were discharged with an OTH characterization of service by reason of misconduct-drug abuse. 

The Board carefully weighed all potentially mitigating factors, such your desire to upgrade your discharge and your contentions of your exemplary record prior to this isolated incident and your positive post-service conduct.  The Board commends your post-service conduct.  Despite a service member’s prior record of service, certain serious offenses, even though isolated, warrant separation from the Navy to maintain proper order and discipline.  The Board concluded that the severity of your drug related misconduct outweighed your current desire to upgrade your discharge.  The Board discerned no probable material error or injustice in your discharge that warrants an upgrade in the characterization of your service. 

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,
 
5/29/2020