Docket No: 4451-20 
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.     
 
A three-member panel of the Board, sitting in executive session, considered your application on 30 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. 
 
Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issue(s) 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 and began a period of active duty on 11 January 1995.  On 21 July 1998, you were, stopped by civilian police and arrested for possessing marijuana.  On 9 August 1998, a command investigation stated, in part, that you were pulled over by civilian police and an undisclosed amount of marijuana was found in the car you were driving.  When asked whom the drugs belonged to, you told the police that the drugs belonged to you.  You failed to inform your chain of command that you were to appear in court while on deployment, and your absence from court prompted a warrant for your arrest.  On 7 October 1998, you were convicted by civil authorities of driving on a suspended license and possession of marijuana.  You were sentenced to pay a fine and court cost, suspension of your operator’s license for six months, one year of unsupervised probation, and 50 hours of community service.  On 8 October 1998, you received nonjudicial punishment (NJP) for wrongful possession of a controlled substance.  On 19 October 1998, administrative discharge action was initiated to separate you from the Navy for misconduct due to your civil conviction.  After being afforded your procedural rights, you elected to waive your right to have your case heard before an administrative discharge board. Your case was forwarded to the separation authority, and on 6 November 1998, it was directed that you be separated from the Navy with an other than honorable (OTH), discharge.  On 1 December 1998, you were discharged from the Navy with an OTH characterization of service. 
   
The Board carefully weighed all potentially mitigating factors, such as your record of service, your desire to have your characterization of service changed and just before the incident, you were awarded a Good Conduct Medal. The Board also considered your assertions that you were used as an example, there was no evidence backing the charges, and before that point, you had no red marks against you. The Board concluded these factors and assertions were not sufficient to warrant a change to your characterization of service given your civil conviction and NJP for wrongful possession of a controlled substance. 
 
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. 
 
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 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,