Docket No: 7698-19 
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 9 October 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 8 May 1985 after receiving a drug waiver.  On 3 March 1986, you were convicted by a civilian court for disorderly conduct.  On 11 June 1986, you received nonjudicial punishment (NJP) for an unauthorized absence (UA) while your ship was in port, .  On 7 September 1988, you were again convicted by civilian court for driving under the influence of alcohol and without your headlights on.  On 18 December 1990, you received a second NJP for a UA of less than one day, wrongful use of drugs, and disobeying a lawful order by failing to register a guest with the front desk of your housing office.  Subsequently, you were notified of pending administrative separation action by reason of misconduct due to pattern of misconduct and drug abuse and elected your right to an administrative discharge board (ADB).  On 5 February 1991, the ADB determined the preponderance of the evidence supported a finding of misconduct and recommended that you be separated from the Navy with an other than honorable (OTH) characterization of service.  Your commanding officer concurred with the ADB’s recommendation.  The discharge authority approved the ADB recommendation and directed that you be discharged by reason of misconduct due to drug abuse with an OTH characterization of service.  On 1 March 1991, you were discharged.   
 
The Board carefully reviewed your application, weighed all potentially mitigating factors such as your youth and immaturity, and considered your contention that you served honorably for five years and ten months of your six-year enlistment.  You contend that you maintained a 3.6 military evaluation record, received a good conduct medal and several other awards, and only made a mistake at the end of your enlistment.  You further contend that since you joined the military on a drug waiver “the military should have offered me counseling and support instead of giving me a OTH.”  The Board also considered the stress you contend you experienced after serving four years on the USS  and making several sea deployments.  You contend you were “exposed to a lot of stress, anxiety, and not to mention all the danger that comes with working on a flight deck.”  Additionally, you contend that you really feel that “I should have been given more attention and given the opportunity to address my mental state of mind by qualified personnel” because “there were issues that I dealt with while in the military and still deal with to this day.”  Lastly, you contend that “without a proper discharge, I am still being denied the attention that I need.”  The Board noted your record reflects you were evaluated by the Drug and Alcohol Program Advisor (DAPA) who noted your “non-amenability to rehabilitative treatment.”  The Board also noted you did not provide any post-service documentation or advocacy letters in support of your request for an upgraded characterization of service.  Unfortunately, after careful consideration of your contentions, and applying the liberal consideration standard, the Board did not find evidence of an error or injustice that warrants upgrading your characterization of service or sufficient evidence to warrant clemency.   
 
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,