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

Docket No:  1612-20             
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 14 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. 

On 19 December 1998, you acknowledged and signed the Navy’s policy on drug abuse before enlisting in the Navy and beginning a period of active duty on 28 July 1999.  On 28 August 2000, you received nonjudicial punishment (NJP) for Wrongful Use of Drugs.  Subsequently, administrative discharge action was initiated by reason of Misconduct for Drug Abuse.  On 30 August 2000, you waived both your right to consult with counsel and your right to an administrative board.  After being afforded all of your procedural rights, your case was forwarded to the separation authority for review. On 31 August 2000, your Commanding Officer forwarded your separation documents to the separation authority.  On 14 September 2000, the separation authority directed that you be discharged with an other than honorable (OTH) characterization of service. You received an OTH discharge on 13 October 2000. 

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge.  The Board concluded this factor was not sufficient to warrant a change to your discharge given your misconduct, which resulted in NJP for drug abuse.  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, 

5/4/2020