Docket No: 7841-19
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 26 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 and began a period of active duty on 11 September 1989.  On 13 September 1989, you were briefed on the Navy’s policy regarding drug and alcohol abuse.  During the period from 23 July 1990 to 20 March 1992, you received nonjudicial punishments (NJP) five times.  The offenses included unauthorized absences and wrongful use of cocaine.  On 1 April 1992, you were notified of administrative discharge action on the basis of misconduct due to drug abuse.  After being afforded your procedural rights, you elected to waive your right to have your case heard before an administrative discharge board.  On 24 April 1992, your case was forwarded to the separation authority (SA) with a recommendation that you receive and other than honorable (OTH) discharge.  On 28 May 1992, the SA directed that you receive an OTH discharge due to drug abuse.  On 5 June 1992, you were discharged from the Navy with an OTH characterization of service. 
 
In reviewing the circumstances of your separation and characterization of service, the Board considered the totality of the circumstances to determine whether relief is appropriate today in the interests of justice in accordance with guidance provided by the Under Secretary of Defense for Personnel and Readiness (Wilkie Memo of 25 July 2018).  The Board carefully weighed all potentially mitigating factors, such as your record of service, character letter, and desire to have your characterization of service ungraded.  Additionally, the board considered your assertions that you have seen the error of your ways, put time into the community, and served in Desert Storm/Desert Shield.  Even considering these potentially mitigating factors in accordance with the above referenced guidance, the Board concluded these factors and assertions were not sufficient to warrant a change to your characterization of service given your misconduct, which resulted in five NJPs, one of which was for wrongful drug use, and the fact that you were briefed on the Navy’s policy regarding drug and alcohol abuse.  
 
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.    

incerely,