Docket No:  4657-19 
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 30 June 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, as well as applicable statutes, regulations, and policies. 
 
You enlisted in the Navy and began a period of active duty on 19 December 1986.  Prior to your enlistment, you signed the US Navy policy on drug abuse.  On 19 December 1986, you signed a US Navy alcohol and drug abuse screening certificate and a counseling entry regarding the Navy policy on drug and alcohol abuse.  On 11 April 1988, you received nonjudicial punishment (NJP) for wrongful use of a controlled substance.  Subsequently, administrative discharge action was initiated by reason of misconduct - drug abuse.  On 20 April 1988, you consulted counsel and requested an administrative discharge board.  On 7 June 1988, an administrative discharge board found a basis for your separation and recommended that you be discharged from the naval service with an other than honorable (OTH) characterization of service.  On 6 July 1988, your commanding officer concurred with the administrative discharge board and recommended that you receive an OTH discharge.  On 21 July 1988, the separation authority concurred with your CO’s recommendation and directed that you be separated with an OTH discharge.  You received an OTH discharge on 26 July 1988. 
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge, and assertion that you believe the process of discharge under the statutes that existed in 1986 was not standard or administrated fairly throughout the Navy.  The Board concluded that these factors and assertions were not sufficient to warrant a change to your discharge given your misconduct, which resulted in NJP for drug abuse.  Further, the Board found no error or injustice in your record that warrants an upgrade to the characterization of your discharge and concluded that your discharge was proper as issued.  
 
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, 
                                                            
9/15/2020


Executive Director