Docket No: 3260-19 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 24 August 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 23 July 85. On 25 July 1985, you were briefed on the Navy’s policy regarding drug and alcohol abuse. On 23 December 1987, you received nonjudicial punishment (NJP) for wrongful possession of .22 caliber ammunition, and assault consummated by a battery. On 15 January 1988, you received NJP for failing to go to your appointed place of duty. Additionally, you were counseled regarding your misconduct and warned that further misconduct could result in administrative discharge action. On 2 June 1988, you received NJP for a brief period of unauthorized absence, and wrongful use of cocaine. Administrative discharge action was initiated to discharge you from the Navy for misconduct due to pattern of misconduct, commission of a serious offense, and drug abuse. After being afforded your procedural rights, you elected not to consult with counsel, and you did not elect your right to request to an Administrative board. On 9 June 1988, your case was forwarded to the separation authority with the recommendation that you receive an other than honorable (OTH) discharge due to misconduct. On 1 July 1988, the separation authority directed that you be discharged from Navy. On 7 July 1988, 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 also considered your assertions that you had just lost your best friend, which was your father who passed of a stroke, you did not know how to deal with it, and you made a bad decision and smoked a joint. The Board concluded these factors and assertions were not sufficient to warrant re-characterization of your discharge given your misconduct that resulted in three NJPs, one of which was for wrongful drug use. 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,