Docket No. 5480-19
Ref: Siganture Date                
                                                                                                            MR
 


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 15 July 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 reenlisted in the Navy on 8 July 1986.  On 22 April 1991, you received non-judicial punishment (NJP) for two specifications of unauthorized absence (UA) and two specifications of missing ships movement.  On 23 April 1991, you were counseled regarding your misconduct and notified that further deficiencies may result in the initiation of administrative separation proceedings.  On 28 March 1992, you received NJP for wrongful use of a controlled substance-cocaine.  Subsequently, you were notified of the initiation of administrative separation proceedings by reason of misconduct-drug abuse and by reason of misconduct-commission of a serious offense, at which point, you elected to consult with counsel and waived the remainder of your procedural rights.  On 7 April 1992, you were recommended for level II treatment for substance abuse.  On 24 April 1992, you were discharged with an other than honorable (OTH) characterization of service by reason of misconduct-drug abuse. 
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge to be eligible for veterans benefits.  Please note there is no requirement or law that grants an upgrade in the characterization of service solely on the issue of obtaining veterans benefits.  The Board considered your contention but concluded that the severity of your repeated 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, 
 
9/9/2020                                                                         

Executive Director