Docket No: 4968-19 
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 7 November 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, relevant portions of your naval record, as well as applicable statutes, regulations, and policies. 
 
You enlisted in the Navy and began active duty on 3 October 1993.  On 20 June 2000, you received nonjudicial punishment (NJP) for violating Article 112a (wrongful use of a controlled substance – cocaine) of the Uniform Code of Military Justice.  You were awarded forfeiture of pay and reduction in rank to E-4.  Subsequently, administrative discharge action was initiated by reason of misconduct due to drug abuse.  After being afforded all of your procedural rights, you waived them, and your case was forwarded to the separation authority for review.  Your commanding officer recommended that you receive an under other than honorable (OTH) conditions discharge and the separation authority approved your separation from the Navy.  On 5 September 2000, you were discharged with an OTH characterization of service. 
 
You requested the Board upgrade your discharge to honorable.  You asserted you had a great career in the Navy, but fell to a moment of weakness.  You state:  “Since then I have held my head down in shame because of my actions.  I would like to think that I did a good job defending our country and doing what is asked of me.”  Lastly, you state that since your discharge you have thrived as a maintenance supervisor in the automobile industry, expressed your love of country, 
and expressed appreciation for any consideration the Board you may extend to you.  The Board carefully weighed all potentially mitigating factors, such as your record of service and contentions but concluded these factors were not sufficient to warrant a change to your discharge given your misconduct.  The Board noted your sincerity and your post-service accomplishments; however, there is no provision of law or in Navy regulations that allows for recharacterization of service due solely to the passage of time. 
 
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.