Docket No: 5526-19             
           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 relevant portions of your naval record and your application, 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 13 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 enlisted in the Navy and began a period of active duty on 26 October 1987.  On 29 January 1988, you received nonjudicial punishment (NJP) for wrongful use of cocaine.  You were notified of administrative separation proceedings against you on 19 February 1988.  On 17 March 1988, you were not recommended for reenlistment due to Misconduct- Drug Abuse.  Commanding Officer, Naval School of Health Sciences, recommended that you be processed for administrative discharge.  On 17 March 1988, you were discharged with an Entry Level Separation on the basis of Misconduct-Drug Abuse and received a reentry (RE) code of RE-4. 
 
In your application for correction, you ask that your discharge characterization be upgrade from an other than honorable discharge to a general discharge.  You state that you have completed a Veterans Therapeutic Drug Treatment Program as suggested at your NJP.  You provide letters of support with your application for correction.  You state that being discharged from the Navy is the worst thing that happened to you.  Since your discharge you participated in a 13-week volunteer opportunity for veterans, have shown a willingness to overcome the challenges that face you, and wish to return to your trade of plumbing. 
 
The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, including the letters of support provided with your application and your post-service efforts to improve your life.  The Board noted that your Certificate of Release or Discharge from Active Duty (DD Form 214) reflects an Entry Level Separation, not an Other than Honorable discharge.  Given that you were notified of administrative separation proceedings against you on 19 February 1988, the Board found that you were eligible for an Entry Level Separation vice a characterized discharge.  The Board found that your command was warranted in initiating separation proceedings against you on the basis of the misconduct of wrongful use of a controlled substance.  Furthermore, the Board determined that your Entry Level Separation as reflected on your DD Form 214 was properly issued given that you were notified of administrative separation proceedings within your first 180 days of military service.  The Board concluded that your record does not reflect an error or injustice, and that corrective action is not warranted. 
 
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,