Docket No:  7745-19 
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 30 June 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, as well as applicable statutes, regulations, and policies. 
 
You enlisted in the Navy and began a period of active duty on 11 October 1989.  During your enlistment, you saw the movie “Not in My Navy” regarding drug abuse and were briefed on the US Navy policy on drug abuse on 14 October 1989.  On 15 July 1992, you commend a period of unauthorized absence (UA), returning the following day.  You commenced a second period of UA on 21 July 1992, and remained gone for one week.  On 29 July 1992, you were screened for alcohol and drug abuse and recommended for level III alcohol rehabilitation and level II drug rehabilitation.  On 30 July 1992, you received nonjudicial punishment (NJP) for wrongful use of amphetamine/ methamphetamine.  Subsequently, administrative discharge action was initiated by reason of misconduct - drug abuse.  On 21 September 1992, you consulted counsel, waived an administrative board, and did not object to administrative separation.  That same day, you declined participation in an inpatient drug and alcohol rehabilitation program.  After being afforded all of your procedural rights, your case was forwarded to the separation authority for review.  On 28 September 1992, your commanding officer recommended that you be separated from the naval service with an other than honorable (OTH) characterization of service.  On 7 October 1992, the separation authority concurred with your CO’s recommendation and directed that you be separated with an OTH discharge.  You received an OTH discharge on 19 October 1992. 
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and your assertions that you believe the discharge to be unjust because it was a one-time incident and your performance was otherwise “top of the chart.”  The Board also considered your assertion that had you been given another opportunity and help for your chemical dependencies, you would have had a successful career in the Navy.  The Board considered your assertions that you owned the mistake, changed your life after the US Navy, never used a controlled substance again, and have had a successful career and family life.  Finally, the Board considered your character reference letters.  The Board noted that, contrary to your assertion, you declined to participate in drug and alcohol rehabilitation programs.  The Board found no evidence of error or injustice in your record and concluded that the mitigating factors were not sufficient to warrant a change to your discharge given your misconduct, which resulted in NJP for drug use. 
 
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.