Docket No: 
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 the entire 
record, the Board for Correction of Naval Records (Board) found 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 
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, relevant portions of your naval record, as well as applicable 
statutes, regulations, and policies. 

Regarding your request for a personal appearance, the Board determined a personal appearance with 
or without counsel will not materially add to their understanding of the issues involved. Therefore, 
the Board determined a personal appearance was not necessary and considered your case based on 
the evidence of record. 

You enlisted in the Navy and began a period of active duty on On 
you received training on the Navy’s drug and alcohol policy. You served without 
disciplinary incident until you received nonjudicial punishment (NJP) on for failure 
to obey an order or regulation, wrongful possession of a controlled substance, and wrongful use of a 
controlled substance. Subsequently, you were notified of pending administrative separation action 
by reason of misconduct due to commission of a serious offense and drug abuse. After you waived 
your procedural rights, your commanding officer recommended discharge with an other than 
honorable (OTH) characterization of service by reason of misconduct due to commission of a serious 
offense and drug abuse. The discharge authority approved the recommendation and directed an 
OTH discharge by reason of misconduct due to commission of a serious offense. On 
you were discharged. 

The Board carefully weighed all potentially mitigating factors and your contentions that you were 
“penalized for a mistake made while on leave, not in uniform nor on base,” you were neither 
allowed probation nor given a second chance, your conduct would not have warranted an arrest, 
others with the same mistake received lesser punishment, and a mistake made as an adolescent 
should not haunt you for life. The Board also considered your contention that you, as a service 
member who was still in your teens, “deserved some legal representation” but noted you waived 
your right to consult counsel when you were notified of your pending administrative separation 
processing. The Board noted you were trained on the Navy’s drug policy and were aware of the 
potential consequences for actions both in and out of uniform. The Board found insufficient 
evidence of error or injustice and that clemency was not warranted. The Board concluded your 
drug-related misconduct warranted an OTH characterization of service. 

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.