DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490

Docket No: 0987-19                                                                                                                                
Ref: Signature date 

 
Dear : 
 
This letter 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 that 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 5 February 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 service on 13 February 1992.  On 20 February 1992, you were briefed on the Navy’s drug and alcohol abuse policy.  On 5 November 1993, you received non-judicial punishment (NJP) for wrongful use and possession of marijuana.  On 7 November 1993, you were notified of the initiation of administrative proceedings to separate you from the naval service by reason of misconduct-drug abuse, at which point, you waived your procedural rights.  Your commanding officer “strongly” recommended that you be discharged with an other than honorable (OTH) characterization of service.  On 2 December 1993, the discharge authority approved and directed your discharge.  On 17 December 1993, you were discharged with an OTH character of service by reason of misconduct. 
 
The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge as a matter of clemency and your contention that since your discharge you have improved your character.  The Board specifically reviewed the evidence you submitted with your application.  The Board commends your post-service accomplishments.  Notwithstanding, in regard to your contention, the Board concluded that your desire to upgrade your discharge was not enough to outweigh the significant drug-related misconduct you committed.   
 
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.