Docket No:  4688-21 

Dear Petitioner: 
 
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.   
 
A three-member panel of the Board, sitting in executive session, considered your application on 8 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 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).   
 
You enlisted and entered a period of active duty in the Navy on 4 August 1987.  On 1 September 1988 you received nonjudicial punishment (NJP) for wrongful use of a controlled substance, cocaine, in violation of Article 112a, Uniform Code of Military Justice (UCMJ).  You were scheduled to attend Level II treatment on 3 October 1988.  On 14 March 1990 you received a second NJP for wrongful use of a controlled substance, cocaine, in violation of Article 112a, UCMJ.  You were notified of administrative separation processing by reason of misconduct due to drug abuse on the same day and did not elect any of your procedural rights.  Your medical record indicates that on 27 March 1990 you admitted to using cocaine in 1988 and 1990 while in the Navy.  Your service record further notes you were diagnosed as being dependent on drugs on 2 April 1990, and during your separation processing you declined drug dependency treatment at a Department of Veterans Affairs facility.  Subsequently, you were discharged on 3 May 1990 with an other than honorable characterization of service. 
 
You contend you were selectively prosecuted, improper urinalysis procedures were used, the urine screens were inadequate and showed false positives, and that you were subjected to racial profiling.  You further contend your urinalyses were faulty due to “many factors including, but not limited to the falsifying of documents, misapplication of law, improper handling, and testing of urine samples, and other scientific procedures pertaining to testing...that were inadequate and improper….”  Additionally, you state you were prescribed medication at the time of the first positive urinalysis due to thumb surgery.  You further state you were not offered any kind of counseling or rehabilitation and that you were above average according to your performance reviews.  You also state that you did try drugs one weekend due to peer pressure.  Regarding post-service accomplishments, you contend you earned a two-year Associate’s degree in data processing, have been married for 28 years, have two sons, are a property owner, were employed by  for 18 years and served as a supervisor, strive to be a role model for others, work with the youth when the opportunity arises, and have not been in trouble since you left the Navy. 
 
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 contentions noted above and desire to upgrade your discharge.  Based upon this review, the Board concluded that the potentially mitigating factors in your case were insufficient to warrant relief.  Specifically, the Board determined that your repeated misconduct, as evidenced by your two NJPs and administrative separation processing, 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 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, 
									      10/3/2021
									      Executive Director