Docket No: 5527-19 
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 that 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 8 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, relevant portions of your naval record, and applicable statutes, regulations, and policies. 
 
You enlisted in the Navy Reserve on 23 December 1987.  On 11 April 1989, you were ordered to active duty for a period of 20 months.  On 15 July 1989, you reported to active duty.  On 26 July 1989, you tested positive for cocaine.  Subsequently, you were notified of pending administrative separation action by reason of misconduct due to drug abuse.  You elected to consult with legal counsel and subsequently requested an administrative discharge board (ADB).  However, you went into an unauthorized absence (UA) status from 4 to 26 January 1990 totaling 22 days.  After electing to waive 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 20 February 1990, you were discharged. 
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and contention that you received an honorable discharge from the Navy Reserve prior to receiving an OTH discharge from the active Navy.  The Board concluded that your current characterization does not reflect an error or injustice that merits corrective action. 
 
Regarding your contention that you received an honorable discharge from the Navy Reserve prior to receiving an OTH discharge from the active Navy, the Board noted that a Sailor’s service is characterized at the time of discharge based on performance during the current enlistment. 
 
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,