Docket No: 8237-19 
Ref: Signature Date 
 
 
Dear  
 
This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code.  After careful and conscientious consideration of relevant portions of your naval record and your application, the Board for Correction of Naval Records (Board) found the evidence submitted 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 16 September 2020.  The names and votes of the panel members 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 the 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, to include the 25 July 2018 guidance from the Under Secretary of Defense for Personnel and Readiness regarding equity, injustice or clemency determinations (Wilkie Memo). 
 
You enlisted in the Navy and began a period of active duty 1 May 1985.  On 1 August 1987, you received nonjudicial punishment (NJP) for disrespectful language towards a petty officer, provoking gestures, and assault on a petty officer and a non-petty officer.  On 13 January 1988, you received NJP for assault upon a commissioned officer with a dangerous weapon.  You were counseled the same date that further deficiencies in your performance could result in administrative processing.  On 19 May 1989, you received NJP for wrongful use of a controlled substance (cocaine).  You were counseled the same date that further deficiencies in your performance could result in administrative processing.  On 23 May 1989, you were screened for drug use and possible rehabilitation and admitted to daily cocaine use for the past six to eight months.  You were found to be drug dependent and not motivated to stay in the Navy.  On 2 June 1989, you were notified of proposed administrative discharge processing by reason of misconduct due to a pattern of misconduct.  You consulted with counsel before waiving your right to an administrative discharge board.  On 9 June 1989, your commanding officer forwarded your package to the separation authority recommending your discharge with an under other than honorable character of service, and on 10 June 1989, you were so discharged. 

The Board carefully considered all potentially mitigating factors to determine whether the interests of justice warrant relief in your case in accordance with the Wilkie Memo.  These included, but were not limited to, your desire to upgrade your discharge and contention that your discharge was the result of refusing to inform on any other Sailors for selling drugs.  Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief.  Specifically, the Board determined that your repeated misconduct, as evidenced by your three NJPs, to include in-service drug use, and lack of documentation to support your contention, outweighed these mitigating factors.  Accordingly, given the totality of the circumstances, the Board determined that your request does not merit relief.   
 
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,