Docket No: 5119-19 
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. 
 
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 10 July 1986.  You were subjected to an investigation during recruit training, and it was determined that you had enlisted under fraudulent conditions in that you failed to disclose that you were the father of a minor child.  The investigation concluded that you did not willfully fail to disclose your minor child, but that you were confused regarding your disclosure responsibilities because you were not listed on the birth certificate.  On 15 April 1988, you received nonjudicial punishment (NJP) for wrongful use of a controlled substance, cocaine.  You appeared before an administrative separation board on 21 June 1988, which found by unanimous vote that you committed misconduct and recommended that you be separated with an other than honorable discharge.  On 3 August 1988, you were discharged from the Navy on the basis of misconduct- drug abuse and received an other than honorable discharge and a reentry (RE) code of RE-4. 
 
In your application for correction, you ask that your other than honorable discharge be upgraded to an honorable characterization of service.  You assert that your discharge was unjust because: you were not in a good place mentally for the last nine months of your enlistment; you were not associating with the best of people on or off base; you were young and made some mistakes; and instead of being counseled and given another chance, you were discharged; and finally, you state that you tried to explain these circumstances.  You provide several character letters in support of your application which note that you are employed as a Respiratory Therapist, are active in your church, and are a hard worker, professional, competent, dependable, well-liked, and have integrity. 
 
The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, including your contention that you were not in a good place mentally at the end of your service.  The Board noted that you did not provide medical information either from your time in the Navy or after your discharge which indicated that you were suffering from a mental health condition at the time of your military service that may have impacted your ability to meet expected standards of conduct.  The Board also weighed your youth at the time of your misconduct, and noted that you indicate you should have been counseled rather than discharged following your wrongful use of cocaine.  The Board reviewed your available record and found that you were afforded the opportunity to appear before an administrative separation board on 21 June 1988, and that you had the benefit of counsel during the administrative separation board proceedings.  The Board found that given the seriousness of your misconduct of wrongful use of a controlled substance, the administrative separation proceedings were appropriately initiated against you, and that you were afforded the opportunity to seek retention despite your misconduct when you appeared before the administrative separation board.  The Board concluded that the separation proceedings were initiated and executed without error or injustice.  Finally, the Board took into account your post-discharge achievements and contributions.  Even in consideration of your reputation, your good character and your contributions to your community, the Board found that your misconduct of wrongful use of a controlled substance was not overcome.  The Board concluded that your other than honorable discharge is supported by the misconduct reflected in your record, and was issued without error or injustice. 
 
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,