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

Docket No: 9476-19 
Ref: Signature Date 

Dear

This is in reference to your application of 19 September 2019 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 your application on its merits.  A three-member panel of the Board, sitting in executive session, considered your application on 10 February 2020.  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, and applicable statutes, regulations, and policies. 

You enlisted in the Navy and began a period of active duty on 23 September 1992. On 15 April 1996, you received non-judicial punishment (NJP) for wrongful use of marijuana.  Subsequently, an administrative action to separate you from the naval service was initiated for misconduct -drug abuse. Your Commanding Officer (CO) recommended that you be separated with a general (under honorable conditions) characterization of service and the separation authority approved your separation from the Navy.  On 26 April 1996, you submitted a statement to Commander, Naval Personnel Command regarding your pending discharge.  You wrote, in part:  “I have no personal knowledge of consumption of any controlled substance.  It was the result of an unknowing ingestion at a time where there had been a consumption of alcoholic beverages.  The incident is totally out of character for me and was a one-time incident in my entire life.”  You argued that your performance evaluations were not consistent with an individual who abuses controlled substances and that you strongly objected to an under other than honorable (OTH) conditions characterization of service.  On 25 June 1996, you signed a counseling entry informing you that you were “not recommended for reenlistment and assigned a restrictive reenlistment (RE) code because of misconduct, BUPERS .” The message referred to directs your separation with an OTH characterization of service.  On 25 June 1996, you were so discharged. 

You request that the Board upgrade your discharge to honorable.  You assert that until recently you believed your discharge was general (under honorable conditions) as had been recommended by your CO.  However, when you applied for medical treatment at a Department of Veteran’s Administration hospital and obtained your DD Form 214 from the Naval Personnel Records Center, you realized the characterization of service was under other than honorable conditions, which you believe is an administrative error.  You state you made a mistake but do believe that one error in judgment justified an OTH discharge. In support of your petition, you attached copies of your CO’s recommendation and your letter to CNP. 

The Board found no error in the records.  With regard to your contention that you were unaware that you received an OTH discharge, the Board noted that you signed the counseling record that referenced the naval message directing your OTH characterization of service and you objected to the OTH in your letter to CNP.  In regards to your contention that you only had one incident of misconduct, the Board noted that, although a Sailor’s service is generally characterized at the time of discharge based on performance and conduct throughout the entire enlistment, the conduct reflected by a single incident of misconduct may provide the basis of characterization of service.  Moreover, generally, characterization under OTH conditions is warranted for misconduct. 

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,