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

Docket No: 6344-19             
Ref: Signature Date 

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 3 February 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 and began a period of active duty on 12 September 1984.  You received nonjudicial punishment (NJP) on 17 December 1984 for twice failing to go to your appointed place of duty.  On 11 April 1985, you received a second NJP for a period of unauthorized absence (UA).  On 17 January 1986, you received a third NJP for a period of UA, missing movement, and violating of lawful general regulation.  On 14 March 1986, you received a fourth NJP for violating Uniform Code of Military Justice, Article 91 and Article 134.  On 8 April 1986, you received a fifth NJP for wrongful use of a controlled substance (amphetamine/methamphetamine).    You were notified of administrative separation proceedings against you, and you waived your right to appear before an administrative separation board.  On 21 May 1986, you were discharged from the Navy on the basis of misconduct due to drug abuse with an other than honorable (OTH) characterization of service and a reentry (RE) code of RE-4. 

You request that your characterization of service be upgraded.  You note that it has been 33 years since your misconduct and that, since your discharge, you have been unable to receive any benefits. 

The Board, in its review of your entire application, carefully weighed all potentially mitigating factors, including the length of time since your discharge and your inability to receive the benefits associated with a more favorable discharge characterization.  The Board took your assertions into consideration but found that the frequency of your misconduct as reflected by your five NJPs supported your OTH characterization of service. The Board determined that you did not provide sufficient evidence to overcome your current discharge characterization, and, therefore, that your record does not reflect an error or an injustice. 

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, 


3/24/2020