Docket No: 5794-19 
Ref: Signature Date 
 
MR 
  
 
Dear Mr. : 
 
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 22 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 15 May 1991.  On 24 March 1993, you received nonjudicial punishment (NJP) for two specifications of failure to obey a lawful order, and three specifications of wrongful use, possession etc., of a controlled substance (methamphetamine).  On 30 March 1993, you were notified of the initiation of administrative separation processing by reason of misconduct due to drug abuse and by commission of a serious offense.  You elected your right to counsel and to have a hearing before an administrative discharge board (ADB).  On 13 May 1993, you were notified a second time of the initiation of the same administrative separation processing in order to clarify administrative issues.  On 25 May 1993, an ADB convened and found that you committed misconduct due to the commission of a serious offense, and that you committed misconduct due to drug abuse.  The ADB recommended your discharge from naval service with an other than honorable (OTH) characterization of service.  On 22 June 1993, your commanding officer concurred with the recommendation of the ADB and forwarded the record of proceedings along with his recommendation to the separation authority.  On 1 July 1993, the separation authority approved and directed your discharge.  On 16 July 1993, you were discharged with an OTH characterization of service by reason of misconduct-commission of a serious offense. 
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and contentions that the death of your grandmother caused you significant stress, which resulted in your misconduct.  The Board noted you failed to provide evidence, and your records do not contain evidence to support your contentions.  The Board concluded that the severity of your 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,