DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 
 
Docket No. 2051-21  
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 case on its merits. A three-member panel of the Board, sitting in executive session, considered your application on 29 April 2021. 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, 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).
 
The Board determined that your personal appearance, with or without counsel, would not materially add to their understanding of the issues involved. Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 

A review of your record shows that you entered active duty with the Navy on 8 February 1985. On 23 February 1986, non-judicial punishment was imposed on you for failing to submit to a urinalysis. You subsequently tested positive for Amphetamines/Methamphetamine use on 7 March 1986. Non-judicial punishment was again imposed on you on 29 March 1986 for unauthorized absences prior to your notification of administrative separation proceedings for commission of a serious offense and drug abuse. On 2 May 1986, non-judicial punishment was imposed on you for eight specifications of unauthorized absence. That same day, an administrative separation board concluded that you committed misconduct and recommended your administrative separation with an Other Than Honorable (OTH) characterization of service. 

On 15 May 1986, non-judicial punishment was imposed on you for four specifications of unauthorized absence. You were diagnosed with a mixed personality disorder on 4 June 1986 prior to your discharge on 8 August 1986 with an OTH characterization of service. Prior to your discharge, you were medically cleared for separation. 

The Board carefully considered your argument that you deserve an upgrade to your characterization of service in order to receive benefits. You assert that you were performing well until you were influenced by a Petty Officer and believe that you were treated unfairly by your command based on the circumstances of your case. Unfortunately, the Board disagreed with your rationale for relief. 

In reviewing your record, the Board found that your assigned characterization of service remains appropriate. In addition to your multiple unauthorized absences that cannot be excused by your provided explanation of events, you also tested positive for wrongful drug use. These incidents of misconduct were considered by an administrative separation board during which you were represented by legal counsel and provided the opportunity to submit evidence to rebut or mitigate your misconduct. As such, the Board found that you were afforded the required due process as part of your administrative separation and that your characterization of service is supported by the evidence in your record. The Board did not find your explanation of events persuasive since it appears you were given multiple opportunities to address your inability to report for duty and continued to commit misconduct despite being punished. In addition to your inability to report for duty, the Board concluded that your wrongful drug use was also a significant departure from the conduct expected of a service member. Accordingly, the Board found insufficient evidence of error or injustice to warrant a change to your record. 

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, 
5/19/2021 

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