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

Docket No: 1899-20 
Ref: Signature Date 

Dear : 

This is in reference to your application of 10 February 2020 for correction of your naval record pursuant to Title 10, United States Code, Section 1552.  After careful and conscientious consideration of the relevant portions of your naval record and your application, the Board for Correction of Naval Records (Board) found that 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 5 May 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. 

Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to its understanding of the issues involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 

You enlisted in the Navy Reserve, and served a period of honorable active duty service from 24 August 1987 to 13 June 1991. You reenlisted in the Navy, and began a subsequent period of active duty on 14 June 1991.  On 10 March 1993, you received non-judicial punishment (NJP) for failure to go to your appointed place of duty.  On 6 May 1993, you received a second NJP for wrongful use of THC.  In late May 1993, you received a third NJP for disorderly conduct (fighting while on pier security).  On 7 June 1993, Commanding Officer, USS recommended that you be administratively separated on the basis of misconduct due to drug abuse.  You waived your right to present your case to an administrative separation board.  On 14 June 1993, you were discharged from the Navy on the basis of misconduct-drug abuse, and received an other than honorable characterization of service and a reentry (RE) code of RE-4. 

You request an upgrade to your other than honorable discharge.  You state that you were falsely charged for something you did not do.  You assert that while you were in the Navy, you attended a house party where marijuana/weed was being smoked.  You state you did not use drugs while you were at the party, but you may have had contact due to all of the smoke in the air which resulted in a low percentage in your system.  You provide post-service information for the Board’s consideration, to include information about your professional civilian performance.  You contend that you are seeking an upgrade to get medical and monetary benefits. 

The Board in its review of your entire application carefully weighed all potentially mitigating factors, including your assertion that did not wrongfully use drugs while you were in the Navy and your post-discharge achievements.  The Board noted that you were afforded the opportunity to appear before an administrative separation board at which you could have contested the basis for your separation.  You, however, elected to waive your right to appear before an administrative separation board.  The Board concluded that even in consideration of your assertion of not ingesting THC at the house party and taking into consideration your post-discharge information, that the other than honorable discharge is supported by your 6 May 1993 NJP for wrongful use of THC.  The Board found that your record does not reflect an error or injustice, and does not merit corrective action. 

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,