Docket No: 4354-19 
Ref: Signature Date 


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 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 26 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 re-enlisted in the Navy and began a period of active duty on 20 September 1988.  On 29 July 1986, you signed the US Navy policy on drug and alcohol abuse.  On 1 November 1990, you received non-judicial punishment (NJP) for disobeying a Chief Petty Officer.  On 1 June 1992, you received a retention warning for lack of military bearing and unsatisfactory performance.  On 9 June 1994, you received NJP for wrongful use of marijuana.  Subsequently, an administrative action to separate you from the naval service was initiated for misconduct – drug abuse.  On 18 August 1994, you consulted counsel and requested an administrative board.  On 9 September 1994, an administrative board found a basis for your administrative separation and recommended that you be discharged with an Other than Honorable (OTH) characterization of service.  After being afforded all of your procedural rights, your case was forwarded to the separation authority for review.  On 10 November 1994, your Commanding Officer concurred with the administrative board and recommended that you receive an OTH characterization of service.  On 6 December 1994, the separation authority directed that you be separated with an OTH characterization of service.  You were so discharged on 18 January 1995. 

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge, and assertions that the offense happened while on leave in your hometown after being married and not in  or on the base.  The Board also considered your assertion that you believe you should have received substance abuse counseling instead of a discharge. The Board concluded these factors and assertions were not sufficient to warrant a change to your discharge given your misconduct, which resulted in two NJPs. 

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.