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

Docket No: 0655-19 
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, sitting in executive session, considered your application on 23 September 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, 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 duty on 8 January 1986. On
27 October 1987, you received nonjudicial punishment (NJP) for unauthorized absence (UA) and driving under the influence (DUI). On 27 October 1987, you were counseled that failure to take corrective action may result in administrative separation and judicial proceedings. On 22 March 1988, you received a second NJP for UA, insubordination, and dereliction. On 5 April 1988, you received a third NJP for wrongful use of cocaine.  On 6 May 1988, you received a fourth NJP for dereliction. On 9 May 1988, administrative discharge action was initiated by reason of misconduct, drug abuse, commission of a serious offense, and pattern of misconduct. Your commanding officer recommended that you receive an under other than honorable (OTH) discharge. On 15 May 1988, during an evaluation you admitted to using cocaine two occasions since enlisting. It was determined that you were not drug dependent. On 31 May 1988, you received an OTH discharge.

You requested the Board upgrade your discharge to honorable. You asserted that you did not have a pattern of misconduct.  You also claimed you were not offered an opportunity to attend transition assistance planning, therefore, you did not know you had any rights. The Board carefully weighed all potentially mitigating factors, such as your record of service and contentions but concluded these factors were not sufficient to warrant a change to your discharge given your misconduct that resulted in four NJPs, three of which occurred after you had been warned about administrative separation. With respect to your contention that you did not have a pattern of misconduct, the Board noted your misconduct, including three instances of UA, DUI, insubordination, two instances of dereliction, and wrongful use of cocaine. With respect to your contention that you were not aware you had rights regarding your separation, the Board noted you were notified in writing of all your procedural rights, you opted not to consult with counsel, and waived all of your rights except to retain copies of the documents supporting the basis for separation. Additionally, the Board noted that you provided no evidence to support your contentions. Absent such evidence, the Board relied upon the presumption of regularity and presumed that the officials acted in good faith according to governing law and policy. Further, there is no provision of law or in Navy regulations that allows for recharacterization of service due solely to the passage of time.

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.

Sincerely,

10/21/2019
Executive Director