Docket No: 5825-19 
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 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 12 August 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 6 July 1990.  On 27 June 1991, you received non-judicial punishment (NJP) for assault.  On 27 February 1992, you received NJP for unauthorized absence (UA) from your appointed place of duty.  On 16 March 1992, you tested positive for cocaine use.  On 20 March 1992, you received NJP for UA, and being drunk on duty.  On 3 April 1992, you were notified of the initiation of administrative separation proceedings by reason of misconduct-commission of a serious offense, and misconduct-drug use.  On 7 April 1992, you elected to assert your right to consult with and be represented by counsel, and you waived your right to a hearing before an administrative discharge board.  On 7 April 1992, following a substance abuse evaluation, you were determined to be alcohol dependent and you were referred to level III substance abuse treatment.  On 21 April 1992, your commanding officer recommended your discharge with an other than honorable (OTH) characterization of service by reason of misconduct-commission of a serious offense, and misconduct-drug use.  On 15 May 1992, you received NJP for UA from your appointed place of duty, and failure to obey a lawful general regulation.  On 8 June 1992, the discharge authority approved and directed in-patient treatment at a VA hospital upon your election, and approval of your discharge from naval service.  On 8 June 1992, you were discharged with an other than honorable (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 the characterization of your discharge and your contention that you were discharged for alcohol and drug abuse, and you were not afforded treatment.  The Board noted your record reflects appropriate efforts made by your command to evaluate and treat your substance abuse prior to your discharge from naval service.  The Board concluded that the severity of your repeated misconduct outweighed your current desire to upgrade your discharge.  The Board, in its review, discerned no probable material error or injustice in the 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,