Docket No: 5145-19 
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 23 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. 
 
Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issues involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 
 
You enlisted in the Navy on 12 July 1989.  During the period from 10 January 1990 to 8 May 1991, you received two non-judicial punishments (NJP) for unauthorized absence UA for two days, missing ship’s movement, and wrongful use of cocaine and marijuana.  Subsequently, you were notified of pending administrative separation action by reason of misconduct due to drug abuse.  After you waived your rights, your commanding officer (CO) recommended discharge under other than honorable (OTH) conditions by reason of misconduct due to drug abuse.  The discharge authority approved this recommendation and directed separation under other than honorable conditions by reason of misconduct.  On 24 July 1991, you were discharged. 
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and contentions that your misconduct was a single incident caused by several simultaneous factors including your return from  after eight and a half months away, the birth of your first child, and the decommissioning of your squadron.  With so much going on, you were not thinking clearly.  The Board also noted your contentions that this incident occurred 28 years ago, and you have had a perfect record since your discharge.  In this regard, the Board concluded that your misconduct and violation of the Navy’s “Zero Tolerance” drug policy outweighed your desire to upgrade your discharge. 
 
In regard to your contentions that returning home from , the birth of your first child, and the decommissioning of your squadron resulted in you using illegal drugs, the Board noted that the record shows that you were notified of and waived your right to present your case to an administrative board (ADB).  In doing so, you gave up your first and best opportunity to advocate for retention or a more favorable characterization of service.  In regard to your contention that the single incident occurred 28 years ago, the Board noted that there is no provision in law or regulations that allows for re-characterization of a discharge automatically after 28 years, solely due to the passage of time.  Regarding your contention that your post discharge record has been perfect, the Board noted while commendable, your post service conduct does not excuse your conduct while enlisted in the Navy or the basis for 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.