Docket No: 3274-19 
Date: Ref Signature 

Dear 


This is in reference to your application of 7 March 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 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, relevant portions of your naval record, and applicable statutes, regulations, and policies. 

You enlisted in the Navy and began a period of active service on 18 November 1985.  On 9 December 1985, you were notified of the approval for retention following your post enlistment disclosure of pre-service drug abuse, and you were informed further deficiencies may result in the initiation of administrative separation processing.  On 8 September 1986, you were counseled regarding your misconduct.  On 1 May 1987, you received non-judicial punishment (NJP) for two specifications of wrongful use of a controlled substance.  On 1 June 1987, you were notified of the initiation of administrative separation processing, at which point, you elected to consult with counsel, and submit a statement, but waived your right to present your case to an administrative discharge board.  On 6 June 1987, you received NJP for provoking speech or gesture.  On 5 July 1987, the discharge authority approved and directed your discharge.  On 13 July 1987, you were discharged with an other than honorable (OTH) characterization of service by reason of misconduct-drug abuse. 

The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge and contention of regret for your drug use which ended your  naval career.  The Board considered your contentions but concluded that the severity of your drug related misconduct outweighed your current desire to upgrade 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.