DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No: 0449-19   
Date: Ref Signature 

Dear: 

This is in reference to your application of 22 November 2018 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 22 January 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 23 July 1986.  On 14 January 1988, you received non-judicial punishment (NJP) for having a false or unofficial pass, and three specifications of disobeying a lawful order.  On 18 April 1988, you declined treatment for drug abuse.  On 21 April 1988, you were notified of the initiation of an administrative action to separate you from the naval service for misconduct-refusal of drug rehabilitation, at which point, you waived counsel and your procedural rights.  On 25 April 1988, you underwent a medical evaluation and you were determined drug and alcohol dependent.  On 1 May 1988, the discharge authority directed reprocessing of your administrative separation proceedings.  As a result of the foregoing, on 13 May 1988, you were notified administrative separation for misconduct-commission of a serious offense, and refusal of drug and alcohol abuse rehabilitation.  Subsequently, you waived counsel and your procedural rights.  
On 22 May 1988, the discharge authority approved and directed that you be separated with an other than honorable (OTH) characterization of service for misconduct-commission of a serious offense. You were so discharged on 30 May 1988. 

The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge and contention that at the time of your discharge you were troubled by the death of your grandfather, and since your discharge you have been a model citizen.  The Board commends you for your post-service accomplishments.  The Board considered your contentions as a factor in your behavior, but concluded that the severity of your 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. 

Sincerely, 


2/7/2020