Docket No: 4651-21 

Dear Petitioner: 
 
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.     
 
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 three-member panel of the Board, sitting in executive session, considered your application on 13 September 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). 
 
Your record indicates you were given a pre-service waiver for a non-minor misdemeanor, specifically, driving under the influence.  You also acknowledged pre-service drug usage, specifically, marijuana.  As a result, you signed a pre-service drug and alcohol statement of understanding. 
 
You enlisted in the U.S. Navy and began a period of active duty on 9 November 1989.  You served without disciplinary action until 4 September 1993 when you were cited and detained for driving under the influence of alcohol on base.  Subsequently, on 22 September 1993, you received non-judicial punishment (NJP) for drunk driving.  You also received a counseling entry and were advised that further deficiencies would make you eligible for administrative separation action.  Your records are incomplete; however, documents indicate you attended Level II treatment for alcohol between November 1993 and March 1994.  Your records also indicate you were once again cited for driving under the influence on 12 March 1994.  You were terminated from Level II treatment on 22 March 1994 as a result of your self-referral of drug usage.  You subsequently participated in a urinalysis, and on 4 April 1994, results indicated you tested positive for THC (marijuana).  On 1 April 1994, you were notified of pending administrative separation processing by reason of misconduct, specifically, drug abuse and commission of a serious offense (COSO), at which time, you elected to consult with counsel and present your case before an administrative discharge board (ADB).  On 10 May 1994, an ADB was held and the board found by a vote of 3-0, you committed misconduct due to drug abuse and COSO.  The board recommended separation with an other than honorable (OTH) characterization of service.  On 8 June 1994, the Commanding Officer concurred with the ADB and forwarded your case to the discharge authority.  On 7 July 1994, the discharge authority directed your discharge with an OTH characterization of service by reason of misconduct.  On 19 July 1994, 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 characterization of service based on your contentions that you were dealing with marital challenges at the time of your discharge, you self-medicated through alcohol, and you attended the required treatment, but you were not offered any further counseling.  The Board noted you did not provide any post-advocacy documents or character statements for clemency consideration.  Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief.  Specifically, the Board determined that your 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, 
  									      9/24/2021
									      Executive Director