Docket No: 1194-20 
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 was 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 2 November 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 30 June 1999.  On 7 June 1999, you signed a US Navy drug screening certificate.  On 28 January 2002, nonjudicial punishment (NJP) was imposed on you for Wrongful Use of Marijuana.  Subsequently, on 4 Feburary 2002, you were notified of administrative separation action by reason of Misconduct due Drug Abuse.  On 5 February 2002, you waived your right to counsel and your right to an administrative board.  On 7 March 2002, your Commanding Officer forwarded your package to the Sepatration Authority (SA) recommending you be administratively separated under Other than Honorable  (OTH) conditions.  On 15 March 2002, the SA approved the recommendation and directed your administrative separation with an OTH characterization of service.  On 21 March 2002, you were discharged.     
 
You requested an upgrade of your discharge to General.  You asserted you were told you were eligible for an upgrade six months after discharge.  The Board concluded these factors and assertions were not sufficient to warrant a change to your discharge status, given your misconduct, which resulted in NJP for drug use.  The Board noted that you waived your rights with regard to discharge proceedings.  By doing so, you waived your first, and best, opportunity to advocate for retention, or a more favorable characterization of discharge.  Further, there is no provision of law or in Navy regulations that allows for re-characterization of service to be automatically upgraded after six months.   
  
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, 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,