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 case on its merits.  A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 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 and applicable statutes, regulations and policies.   
 
A review of your record shows that you entered active duty with the Navy in April 1986.  You were medically evacuated from  to  in May 1987 after a fall.  After returning to duty onboard  in January 1988, non-judicial punishment was imposed on you for wrongful use of cocaine on 24 March 1988.  Due to your misconduct, you were administratively separated for drug abuse on 20 May 1988 with an Other than Honorable characterization of service.   
 
The Board carefully considered your arguments that you deserve an upgrade to your characterization of service.  You assert that you were only involved in a single incident of drug abuse and have been a productive member of society since your discharge.  Unfortunately, the Board disagreed with your rationale for relief.  The Board concluded that your characterization of service remains appropriate in light of your drug related misconduct.  While the Board was pleased with your post-discharge good character, they felt it provided insufficient mitigation to offset the seriousness of your wrongful cocaine use.  The Board also considered the fact you suffered a back injury while on active duty but determined this did not excuse or mitigate your misconduct.  In the end, the Board felt that your wrongful cocaine use constitutes a significant departure from the conduct expected of a servicemember and your characterization of service correctly represents your brief period of active duty service in the Navy.  Accordingly, the Board found insufficient evidence of error or injustice to warrant a change to your record.   
 
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.