DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
              
Docket No: 3571-21 
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 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 2 July 2021.  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, 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 on 11 April 1988.  On 15 November 1988, you began a period of unauthorized absence (UA) which lasted 21 days.  On 7 December 1988, you received nonjudicial punishment (NJP) for wrongful use of a controlled substance-cocaine, and UA.  On the same date, you were notified of the initiation of administrative separation proceedings by reason of misconduct due to drug abuse.  On 20 December 1988, you elected to consult with a counsel and requested an administrative discharge board (ADB).  On 14 February 1989, the ADB voted (3) to (0) that you had committed misconduct due to drug abuse, and further recommend your separation from the Navy with an other than honorable (OTH) characterization of service.  On 6 March 1989, a medical officer determined that you were not suitable for further naval service.  On 10 March 1989, your commanding officer forwarded your case to the separation authority concurring with the recommendation of the ADB.  On 31 March 1989, the separation authority ordered your OTH discharge by reason of misconduct.  On 10 April 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 contention that you were young at the time you decided drugs, and that you deserve a second chance.  The Board noted you did not submit any documentation or advocacy letters to be considered.  Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief.  Specifically, the Board determined that your repeated misconduct 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 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.   
 
Sincerely, 

7/19/2021
Executive Director