Docket No: 6456-19 
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 for Correction of Naval Records, sitting in executive session, considered your application on 19 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, and applicable statutes, regulations, and policies. 
 
You enlisted in the Navy on 7 August 1990.  On 30 March 1992, you received non-judicial punishment (NJP) for wrongful use of ecstasy.  Subsequently, you were notified of pending administrative separation action by reason of misconduct due to drug abuse.  You elected to consult with legal counsel and subsequently requested an administrative discharge board (ADB).  The ADB found that you committed misconduct due to drug abuse and recommended you receive an other than honorable (OTH) discharge due to drug abuse.  The discharge authority concurred with the ADB and directed an OTH discharge by reason of misconduct.  On 17 June 1992, you were discharged. 
   
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and your contention that you would like your discharge upgraded due to starting a business, being a law-abiding citizen, being gainfully employed, being married for 20 years and being a father.   The Board noted that while commendable, your post service conduct does not excuse your conduct while enlisted in the Navy or the basis for your discharge.  Accordingly, the Board concluded that your violation of the Navy’s “Zero Tolerance” drug policy outweighed the contentions listed in your request.         
 
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,