Docket No: 4405-19 
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 28 July 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 on 20 September 1985.  On 26 June 1986, you received nonjudicial punishment (NJP) for wrongful use of marijuana.  On 23 July 1986, you received a second NJP after being absent from restriction muster on 13 and 17 July 1986.  On 2 June 1987, you received a third NJP for being derelict in the performance of your duties and failing to go to your appointed place of duty on two occasions.  Subsequently, on 3 June 1987, you were notified of pending administrative separation action by reason of misconduct due to drug abuse and commission of a serious offense, and, after consulting counsel, you waived all rights.  On 11 June 1987, you were delivered to  Police Department due to a warrant for your arrest due to contempt of court on an outstanding charge.  On 22 June 1987, you were convicted by civilian court for not possessing a valid driver’s license, fined, and then released on your own recognizance.  On 20 July 1987, you received a fourth NJP for being in an UA status from 23 June 1987 until 1 July 1987 when you were apprehended by the  Police.  On 3 August 1987, your CO recommended you be discharged with an other than honorable (OTH) characterization of service due to misconduct.  The discharge authority approved this recommendation and directed discharge with an OTH characterization of service by reason of misconduct due to commission of a serious offense.  On 9 August 1987, you received an OTH discharge. 
 
The Board carefully reviewed your application, weighed all potentially mitigating factors, and considered your contention that you were injured during active duty and began having blackouts and hearing voices.  The Board also considered your contention that you have been diagnosed with paranoid schizophrenia and bipolar disorder but noted that you did not provide any supporting documentation with your initial request or in response to the Board’s 3 September 2019 letter requesting documentation. The Board, even applying liberal consideration, determined there was insufficient evidence in the record to attribute your misconduct and drug abuse to a mental health condition.  In the end, the Board determined there was insufficient evidence to establish an error or injustice that warrants an upgrade to your characterization of service or a change from an administrative discharge to a medical 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.   
 
Sincerely,