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

Docket No:  1369-20           
Ref: Signature date 

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 April 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, as well as applicable statutes, regulations, and policies. 

You enlisted in the Navy and began a period of active duty on 13 September 2000.  On 19 September 2003, you received nonjudicial punishment (NJP) for failure to obey orders or regulations and wrongful use of drugs.  On 4 November 2003, you received NJP for wrongful use of drugs.  Subsequently, administrative discharge action was initiated by reason of Misconduct – Drug Abuse.  On 21 November 2003, you waived counsel and an administrative board.  On 1 December 2003, your commanding officer recommended you be discharged with an Other than Honorable (OTH) characterization of service.  After being afforded all of your procedural rights, your case was forwarded to the separation authority for review.  On 3 December 2003, the separation authority directed that you be separated with an OTH discharge.  You were discharged on 12 December 2003. 

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and your assertions that the Navy sent you home while your Dad was sick and you used drugs to take away stress.  The Board also considered your assertion that you need this discharge upgraded to better your life.  The Board concluded these factors and assertions were not sufficient to warrant a change to your discharge, given your misconduct, which resulted in two NJPs for drug use. The Board noted you waived your procedural rights in connection with your administrative separation.  By doing so, you gave up your first, and best, opportunity to advocate for retention or a more favorable characterization of service. 

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, 


4/30/2020