Docket No: 

Ref: Signature date 


Dear 

 
This letter 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 that 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 our 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, together with all material submitted in 
support thereof, relevant portions of your naval record, as well as applicable statutes, regulations, 
and policies. 

You enlisted in the Navy and began a period of active duty on. You served for 
three years and nine months without disciplinary incident, but during the eleven-month period 
from , you received non-judicial punishment (NJP) on three 
occasions. Your offenses included unauthorized absence from your unit (UA), failure to obey a 
lawful order and attempt to possess marijuana. On appeal of your NJP for the drug offense, your 
commanding officer noted several factual and logical discrepancies between your personal 
statement and the sender’s note accompanying the contraband, and denied your appeal. 
Subsequently, you were notified of pending administrative separation processing for an other 
than honorable (OTH) discharge by reason of misconduct due to drug abuse. Your commanding 
officer noted that your “continued presence onboard [was] harmful to the command’s 
drug abuse prevention efforts,” that you had “no potential for future service,” and “strongly” 
recommended that you be separated from the naval service with an OTH. You elected to consult 
with legal counsel and requested an administrative discharge board (ADB). The ADB found that 
you had committed misconduct and recommended that you be discharged from the naval service 
with an OTH characterization of service by reason of misconduct due to drug abuse. The 
separation authority concurred with the ADB and directed an OTH discharge by reason of 
misconduct. On , you were so discharged. 

The Board carefully weighed all potentially mitigating factors in your case, including your post-
service conduct and accomplishments, and your desire to participate in Veterans’ organizations 
and be recognized as a Veteran. The Board concluded that these factors were insufficient to 
warrant relief in your case because of the seriousness of your misconduct that resulted in three 
NJPs, including a contraband substance offense. Further, the Board has no authority to upgrade 
a discharge for the sole purpose of enhancing opportunities to join Veterans’ organizations, but 
limits its review to a determination of the propriety and equity of the discharge. Under the 
totality of the circumstances, the Board in its review discerned no probable material error or 
injustice in the discharge. 

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 submission of new matters. 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.