Docket No: 5163-19 
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 August 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, policies.   
 
You enlisted in the Navy on 30 July 1986.  On 31 March 1987, you received nonjudicial punishment (NJP) for an unauthorized absence from 25 February 1987 to 27 March 1987.  On 28 March 1989, you received a second NJP for wrongful use of cocaine.  On 21 April 1989, you received a third NJP for violating a lawful regulation by possessing alcohol.  Subsequently, you were notified of pending administrative separation action due to a pattern of misconduct, commission of a serious offense and drug abuse.  After consulting counsel, you elected your right to an administrative discharge board (ADB).  The ADB determined the preponderance of the evidence supported a finding of misconduct and recommended that you be separated from the Navy with an other than honorable (OTH) characterization of service.  Your commanding officer concurred with the findings of the ADB and recommended that you be discharged with an OTH characterization of service by reason of misconduct due to pattern of misconduct, commission of a serious offense, and drug abuse.  The discharge authority approved this recommendation and directed discharge with an OTH characterization of service by reason of miscondct due to pattern of misconduct.  On 24 August 1989, you received an OTH discharge. 
 
The Board carefully reviewed your application, weighed all potentially mitigating factors, and considered all the contentions in your application, including, but not limited to your contentions that: (a) you were “having issues due to the Navy and not knowing how to handle the issues;” (b) the command was aware of your issues but did not offer assistance; (c) if your command had offered assistance, your “behaviors would have changed;” (d) since leaving the Navy, you have received the assistance that you needed and you no longer abuse drugs and alcohol.  The Board also considered the advocacy letters submitted on your behalf.  The Board noted that you admitted pre-service drug abuse and that you testified during your ADB that since being assigned to TPU, you had not sought any help for your alcohol problem or taken advantage of any of the assistance offered to you.  Unfortunately, after careful consideration of your contentions, the Board did not find evidence of an error or injustice that warrants upgrading your characterization of service or sufficient evidence to warrant clemency.  Even under the liberal consideration standard, the Board found that the misconduct detailed in your record warranted an OTH characterization of service.   
 
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 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,