DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE  1001
ARLINGTON,  VA  22204-2490

Docket No: 6215-18 
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 28 August 2019. 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 27 October 1999. During the period from 20 May 2000 to 29 January 2003, you received nonjudicial punishment (NJP) on three occasions. Your offenses were insubordinate conduct toward a noncommissioned officer, failure to obey a lawful order, drunk on duty, and wrongful use of a controlled substance. Subsequently, you were notified of pending administrative separation because of misconduct due to drug abuse. You waived your right to present your case to an administrative discharge board. Your commanding officer recommended discharge under other than honorable (OTH) conditions by reason of misconduct due to drug abuse. The discharge authority approved the recommendation and directed the OTH separation by reason of misconduct and on 6 February 2003, you were discharged.

The Board carefully weighed all potentially mitigating factors such as your post-service achievements and your contention that your immaturity, prolonged separation from your family, and peer pressure contributed to your terrible decisions.  The Board concluded these factors were not sufficient to warrant relief in your case because of the seriousness of your misconduct that resulted in three NJPs and wrongful drug use in light of the Navy’s of “zero tolerance” drug policy. The Board was sympathetic to your concern of being separated from your family and the possible peer pressure, but noted there was nothing in your record and you did not submit any supporting documentations to show that your personal problems could not be resolved through standard military channels. The Board, in its review, discerned no material error or injustice in the characterization of you 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 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,