Dear : 
 
This letter 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 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 11 December 2019.  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 service on 17 October 1986.  On 14 November 1986, you were counseled regarding your post-enlistment disclosure of preservice drug abuse, and you notified further deficiencies may result in the initiation of administrative separation processing.  On 24 June 1988, you received non-judicial punishment (NJP) for wrongful use of marijuana.  Subsequently, you were notified of the initiation of administrative proceedings to separate you from the naval service by reason of misconduct-drug abuse.  You elected be represented by legal counsel and have your case heard before an administrative discharge board (ADB).  On 19 July 1988, you underwent a medical evaluation and you were determined not to be physically dependent on drugs or alcohol.  On 20 July 1988, an ADB convened and determined you committed misconduct by reason of drug abuse and recommended that you receive a suspended discharged with an other than honorable (OTH) characterization of service.  On 3 August 1988, your commanding officer recommended your immediate OTH discharge by reason of misconduct-drug abuse.  On 12 August 1988, the discharge authority concurred with the recommendation of your commanding officer, and directed your discharge with an other than honorable (OTH) character of service by reason of misconduct-drug abuse.  On 30 August 1988, you were so discharged.  You subsequently petitioned the Naval Discharge Review Board (NDRB) to upgrade your characterization of service, contending that this incident was isolated.  On 28 November 1994, the NDRB denied your application and determined that the discharge was proper as issued and that no change was warranted.   
 
The Board carefully weighed all potentially mitigating factors, such your desire to upgrade your discharge and contentions that your drug use was an isolated incident.  Despite a service member’s prior record of service, certain serious offenses, even though isolated, warrant separation from the Navy to maintain proper order and discipline.  Article 112a is one such offense requiring, at a minimum, mandatory processing for an administrative separation, which usually results in an unfavorable characterization of discharge.  Further, there is no precedent within this Board’s review, for minimizing the isolated incident.  As with each case before the Board, the seriousness of a single act must be judged on its own merit; it can neither be excused nor extenuated solely on its isolation.  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.