Docket No: 5875-19
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 16 October 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 on 13 June 1988.  On 6 July 1988, you received an Administrative Remarks (Page 13) entry regarding your post-enlistment disclosure of pre-service drug abuse and retention in the Naval Service despite a positive entry level urinalysis for marijuana.  On 24 January 1989, you submitted a written request for discharge for the good of the service to avoid trial by court-martial for wrongful use of marijuana and two periods of unauthorized absence from 23 November 1988 to 27 November 1988, and 20 December 1988 to 21 January 1989.  Prior to submitting this request, you consulted a qualified military lawyer, at which time you would have been advised of your rights and warned of the probable adverse consequences of accepting such a discharge.  Your request was granted, and your Commanding Officer was directed to issue an other than honorable (OTH) discharge for the good of the service.  As a result of this action, you were spared the stigma of a court-martial conviction, as well as the potential penalties of a punitive discharge.  On 10 March 1989, you were discharged. 
 
The Board carefully reviewed your application in which you request your discharge be upgraded to general.  The Board weighed all potentially mitigating factors such as your youth at the time you entered the service.  The Board also considered your contentions you struggled with drugs and alcohol, had issues at home with your newborn son, and experienced mental illness that went undetected for years.  Additionally, the Board considered your contention that your struggle with drugs has continued and since your discharge, you have been unemployed and served seven prison terms for drug-related conduct.   
 
The Board, applying liberal consideration and noting you did not submit any documentation or advocacy letters to be considered for clemency, did not find evidence of an error or injustice that warrants upgrading your characterization of service.  Finally, the Board noted you received a benefit from being allowed to separate with an OTH characterization of service instead of risking greater punishment at a court-martial.  The Board discerned no impropriety or inequity in 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 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,