Docket No:  8135-19 
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 27 January 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 2 September 1992.  On 3 September 1992, you were briefed on the US Navy drug and alcohol policy.  On 12 July 2000, administrative discharge action was initiated by reason of Misconduct due to Drug Abuse.  That same day, you elected to have an administrative board.  On 5 October 2000, the administrative board found a basis for administrative separation and recommended that you be separated with an Other than Honorable (OTH) characterization of service.  On 20 October 2000, your Commanding Officer (CO) concurred with the Board and recommended administrative separation with an OTH discharge.  On 24 October 2000, 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 31 October 2000. 
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and your assertion that you were honorably discharged from your first enlistment.  The Board concluded that these factors and assertions were not sufficient to warrant a change to your discharge given your misconduct, which resulted in NJP for wrongful 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.