Docket No: 6977-19 
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 you did not file your application 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 20 July 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 reenlisted in the Navy on 5 July 1990, after over three years of satisfactory service.  On 30 July 1990, you received nonjudicial punishment (NJP) for unauthorized absence and fraud against the government.  Although your administrative separation documentation is not in your record, based on the information contained on your DD Forms 214 and 149, you were processed for administrative separation by reason of misconduct due to drug abuse via an administrative discharge board (ADB).  On 5 August 1996, you were discharged with an under other than honorable conditions (OTH) characterization of service.  On 23 April 2008, the Naval Discharge Review Board (NDRB) denied your request to upgrade your discharge.  In your NDRB application, you claimed the ADB did not consider all the facts because you were discharged even though you testified that you were sick and took some medicine given to you by a friend that contained codeine, and that you never used cocaine.  The NDRB determined your discharge was proper as issued and no change was warranted. 
  
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge, your contentions that your ADB was unjust, you did not have counsel to help you with the proceeding, and that based on witness testimony your should have been retained.  Additionally, you claim a fellow service member gave you medicine containing codeine, and it was that medicine, not cocaine that was in your system at the time and caused your positive urinalysis.  The Board noted that you provided no evidence to support your contentions.  Absent of such evidence, the Board relied upon the presumption of regularity and presumed that the officials acted in accordance with governing law/policy and in good faith.  As such, the Board determined that there was no error or injustice in 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 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,