Docket No: 3442-19 
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 25 November 2019.  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 duty on 8 May 1995.  On 16 August 1996, you absented yourself from the without authority (UA), missed ship’s movement twice, and were placed in deserter status on 16 September 1996.  On 28 October 1996, your absence was terminated by apprehension by civil authorities.  On 11 December 1996, you were convicted at a special court-martial (SPCM) of wrongful use of cocaine and UA.  Your adjudged sentence included to be discharged from the naval service with a bad-conduct discharge.  On 23 January 1998, you were so discharged. 
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and your assertion that, in today’s military, somebody would receive three opportunities to go to rehabilitation in the event they failed a urine test.  The Board also considered your contentions that you lead a clean, sober life, have a serious medical condition, and that you feel you should be allowed to go the Veterans Administration.  However, the Board concluded that these factors and assertions were insufficient to warrant a change to your discharge given your misconduct, which resulted in a SPCM conviction. 
 
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.