Docket No: 8842-19 
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 you did not file your application 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 4 September 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, 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 1 August 1984.  You completed this first period of active duty on 10 April 1988, received an honorable discharge, and immediately reenlisted on 11 April 1988.  On 31 October 1994, you received nonjudicial punishment for wrongful use of marijuana.  You were awarded forfeiture of pay, restriction, extra duties, and reduction in rank.  Subsequently, administrative discharge action was initiated against you by reason of misconduct.  After being afforded all of your procedural rights, you waived them, and your case was forwarded to the separation authority for review.  Your commanding officer (CO) recommended that you receive a discharge under other than honorable (OTH) conditions.  The separation authority approved your CO’s recommendation and you were discharged on 8 December 1994, with an OTH characterization of service.  
 
You request the Board upgrade your discharge to general (under honorable conditions).  You assert you were told you could request an upgrade from an OTH to a general and it has been 25 years since your discharge. 

The Board carefully weighed all potentially mitigating factors, such as your record of service and contentions and concluded these factors were not sufficient to warrant a change to your discharge given your misconduct.  The Board noted that there is no provision of law or in Navy regulations that allows for recharacterization of service due solely to the passage of time. 
 
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,