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 relevant portions of your naval record and your application, 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 for Correction of Naval Records, sitting in executive session, considered your application on 20 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 on 23 July 2001.  On 22 January 2002 you received non-judicial punishment (NJP) for insubordinate conduct, failure to obey a lawful order or regulation being drunk on duty, disorderly conduct, and two specifications of unauthorized absence (UA).  At the end of your CCU assignment, the officer in charge noted the following in your disposition information report: 
 
Airman Reddin completed the program in a less than satisfactory manner and was pending a disciplinary review at the time of his departure.  Airman Reddin has poor decision making skills and could quite possibly be subject to further disciplinary actions later in his enlistment. 
 
On 5 April 2002 you received NJP for the wrongful use of a controlled substance and two specifications of failing to obey a lawful order or regulation.  That same day you were provided notice that you were being administratively processed for separation from the Navy by reason of misconduct due to drug abuse and misconduct due to a pattern of misconduct.  You expressly waived your rights to consult with counsel and to request an administrative separation board.  In the interim, you refused to participate in the Navy Alcohol and Drug Abuse Program.  Ultimately, on 15 April 2002 you were discharged from the Navy for misconduct due to drug abuse with an Other Than Honorable (OTH) characterization of service and assigned an RE-4 reentry code.   
 
Your contention that you self-medicated with marijuana following a back injury on active duty was fully and carefully considered by the Board in light of the guidance provided by the Secretary of Defense’s Memorandum, “Supplemental Guidance to Military Boards for Correction of Military/Naval Records Considering Discharge Upgrade Requested by Veterans Claiming Post Traumatic Stress Disorder” of  3 September 2014, and the "Clarifying Guidance to Military Discharge Review Board and Boards for Correction of Military/Naval Records Considering Requests by Veterans for Modification of their Discharge Due to Mental Health Conditions, Sexual Assault, or Sexual Harassment" memorandum of 25 August 2017.  
 
The Board carefully weighed all potentially mitigating factors, such as your contentions including, but not limited to:  (a) that you injured your back and started drinking and smoking marijuana as a way to self-medicate, (b) service medical records indicate that you continued to receive back treatment until your discharge, and (c) you are entitled to an upgrade because it is inequitable to deny you VA benefits after being discharged for marijuana use due to a service-connected injury.  Unfortunately, the Board determined these mitigating factors and contentions were not sufficient to warrant upgrading your discharge or granting any other relief in your case.    
 
In accordance with the published guidance, the Board gave liberal and special consideration to your record of service, and your contentions about any traumatic or stressful events you experienced and their possible adverse impact on your service.  However, even under the liberal consideration standard, the Board concluded that there was no convincing evidence that you suffered from any type of diagnosed mental health condition while on active duty, or that any such mental health condition was related to or mitigated the misconduct that formed the basis of your discharge.  As a result, the Board concluded that your misconduct was not due to mental health-related symptoms.  The Board also determined that your back injury did not legally or medically justify your self-prescribed marijuana use.  Moreover, the Board observed you had two NJPs in less than nine months of service and either one of them could have independently served as a basis to administratively separate you for misconduct.  Further, the Board noted the record shows you were notified of, and waived your procedural rights in connection with your administrative separation.  In doing so, you gave up your first and best opportunity to advocate for retention or a more favorable characterization of service.  Lastly, absent a material error or injustice, the Board generally will not summarily upgrade a discharge solely for the purpose of facilitating VA benefits, or enhancing educational or employment opportunities.  Accordingly, the Board determined that there was no impropriety or inequity in your discharge. 
 
In reviewing the circumstances of your separation and characterization of service, the Board considered the totality of the circumstances to determine whether relief is appropriate today in the interests of justice in accordance with guidance provided by the Under Secretary of Defense for Personnel and Readiness (Wilkie Memo of 25 July 2018).  Accordingly, the Board considered and acknowledged your positive contributions to the Navy, the length of your active duty service to our nation, and your post-discharge achievements.  Even considering these potentially mitigating factors in accordance with the above referenced guidance, the Board did not find that relief was in the interest of justice.  The Board concluded that your OTH discharge characterization was issued without error or injustice, and that corrective action is not warranted.  
 
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,