DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No: 0580-19   
Date: Ref Signature 

Dear :

This is in reference to your application of 4 December 2018 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 15 January 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 reenlisted in the Navy and began a period of active service on 9 June 1987.  On 12 February 1988, you received non-judicial punishment (NJP) for wrongful use of a controlled substance (cocaine).  On 12 February 1988, you were counseled regarding your cocaine use.  On 29 November 1990, you received your second NJP for wrongful use of cocaine.  As a result of the foregoing, on 6 December 1990, you were notified of the initiation of an administrative action to separate you from the naval service for misconduct-drug abuse, at which point, you elected to consult with counsel and have your case presented to an administrative discharge board (ADB).  On 18 December 1990, an ADB convened and recommended that you be discharged from the naval service with an other than honorable (OTH) characterization of service for misconduct-drug abuse.  On 22 January 1991, the discharge authority concurred with the findings of the ADB and you were discharged with an OTH for misconduct-drug abuse on 31 January 1991. 

The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge and contention that you had one infraction on your second enlistment. The Board noted your contention is not supported by your naval record.  During your second enlistment you had two incidents of wrongful use of a controlled substance.  The Board noted that you were retained in the Navy following your first incident of drug abuse.  The Board concluded that your discharge was appropriate and was based your repeated drug related misconduct.  

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,