Docket No: 1558-20
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 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             18 November 2020.  The names and votes of the panel members 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 the 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, to include the 25 July 2018 guidance from the Under Secretary of Defense for Personnel and Readiness regarding equity, injustice or clemency determinations (Wilkie Memo). 
 
During the enlistment process, you did not indicate any pre-service drug use on your USN Alcohol and Drug Abuse Screening Certificate (NAVCRUIT 1133/7).  Subsequently, you enlisted in the Navy and began a period of active duty on 18 March 1991.  On or about 5 June 1992, you admitted to pre-service drug abuse.  As a result of your statement, an investigation commenced on your possible fraudulent enlistment.  On 10 June 1992, you made a sworn statement to a command investigator that stated, in part, “I used it…smoking about two joints each time….I also covered the drugs in my system…when I found out when the tests were being conducted I would this and other things to clean out my system…I kept it hidden a long time.”  A Report of Investigation (Final Report) dated 10 June 1992, further indicates you admitted to marijuana use prior to entering the U.S. Navy and your continued use while in service.  On 16 July 1992, you received nonjudicial punishment for fraudulent enlistment.  On 24 July 1992, you were notified of proposed administrative separation by reason of defective enlistment and induction.  You did not desire to consult with counsel and waived your right to an administrative discharge board.  On 7 September 1992, your commanding officer recommended an under other than honorable (OTH) characterization of service.  On 9 November 1992, the discharge authority directed your OTH discharge by reason of fraudulent entry and on 20 November 1992, you were discharged.   
 
The Board carefully considered all potentially mitigating factors to determine whether the interests of justice warrant relief in your case in accordance with the Wilkie Memo.  These included, but were not limited to, your desire to upgrade your discharge and contention that your record is unjust because you performed your service honestly, faithful and meritoriously before you made a mistake due to bad judgement.  Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief.  Specifically, the Board determined that your concealment of your pre-service drug usage and pre-meditated attempts to avoid detection for your continued drug use in-service outweighed these mitigating factors.  Accordingly, given the totality of the circumstances, the Board determined that your request does not merit relief.   
  
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,