Docket No: 5773-19 
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 you did not file your application 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 for Correction of Naval Records, sitting in executive session, considered your application on 26 May 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, and policies. 
 
You enlisted in the Navy and began a period of active duty on 11 March 1985.  On 14 May 1986, you received nonjudicial punishment (NJP) for wrongful use of a controlled substance (cocaine).     Subsequently, administrative discharge action was initiated by reason of misconduct due to drug abuse.  On 12 July 1986, the discharge authority directed an under other than honorable (OTH) characterization of service and on 25 July 1986, you were discharged. 
 
The Board carefully weighed your desire to upgrade your discharge, your record of service, and all potentially mitigating factors, such your assertion that you made a poor choice when you were 21 years old, but make better choices now.  In support of you petition, you attached a personal statement that included your claim that prior to your positive urinalysis, you were in the top 10% of your class at Nuclear Power School in ; you made a huge mistake and it has haunted you your entire life; you feel you paid a very heavy price; you  currently do not use drugs or even drink alcohol; you have been co-chairman of the board for Habitat for Humanity in ; you have 14 grandchildren and you want them to know “their grandpa is a good man,” and you have leukemia and want the upgrade, if possible, while “I am still on this earth to see it.”   The Board noted your post-service accomplishments; however, determined that your discharge, based upon your drug related misconduct, was issued without error or injustice, and 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 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,