Docket No: 3263-20 
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. 
 
The Board found it in the interest of justice to consider your application on its merits.  A three-member panel of the Board, sitting in executive session, considered your application on 16 June 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. 
 
You enlisted in the Navy and began a period of active duty on 9 September 2003.  On 26 January 2007, you received nonjudicial punishment (NJP) for unauthorized absence and violation of a lawful order, and you were issued a retention warning.  On 8 March 2007, the Naval Drug Laboratory reported your sample positive for cocaine.  Subsequently, administrative discharge action was initiated by reason of commission of a serious offense - drug abuse.  On 8 March 2007, you waived your right to consult with counsel and to a hearing before an administrative discharge board.  On 12 March 2007, your commanding officer (CO) recommended that you be separated from the naval service with an other than honorable (OTH) characterization of service.  You received an OTH discharge on 15 March 2007. 
 
The Board carefully weighed all potentially mitigating factors, such as your desire to update your DD214 to reflect your four years of continuous, honorable active service as a Navy SEAL.  The Board concluded that the mitigating factors are not sufficient to warrant a change to your discharge given your misconduct, which resulted in NJP for drug use.  Further, the Board noted that one act of misconduct, such as drug abuse, can cause an otherwise honorable period of service to be classified as other than honorable. Finally, the Board discerned no error or injustice in your record that warrants an upgrade to your discharge.   
 
 
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.