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

Docket No:  2785-20 
Ref: Signature date 

Dear : 

This is in reference to your application of 17 March 2020 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, relevant portions of your naval record, and applicable statutes, regulations, and policies.
 
You enlisted in the Navy and began a period of active service on 27 March 2000.  On 29 November 2000, you received non-judicial punishment (NJP) for underage drinking and drunk and disorderly.  On 16 May 2001, you received NJP for unauthorized absence and wrongful use of cocaine. Cut off levels for the confirmation test for cocaine is 100 ng/L.  You tested at 105 ng/L.  All positive samples are screened and confirmed by different testing methods.  Subsequently, an administrative action to separate you from the naval service was initiated for misconduct -pattern of misconduct and commission of serious offense. On 24 May 2001, you waived both your right to consult with counsel and your right to present your case to an administrative discharge board.  After being afforded all of your procedural rights, your case was forwarded to the separation authority for review.  On 25 May 2001, your Commanding Officer (CO) recommended that you be discharged with and other than honorable (OTH) characterization of service.  On 30 May 2001, the separation authority concurred with your CO’s recommendation and directed that you be separated with an OTH characterization of service. On 5 June 2001, you were so discharged. 

The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge and assertions that the test results were inconclusive, that they came back below the threshold and that they should have been reported as negative.  The Board concluded these factors and assertions were not sufficient to warrant a change to your discharge given your misconduct, which resulted in two NJP’s.  Regarding the test results for your urinalysis, your record reflects that the test was positive.  The Board concluded that your current characterization does not reflect an error or injustice that merits corrective action.

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,