Docket No: 4608-20 
Ref: Signature Date 
 
 
Dear :  
 
This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code.  After careful and conscientious consideration of relevant portions of your naval record and your application, the Board for Correction of Naval Records (Board) found the evidence submitted 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 16 November 2020.  The names and votes of the panel members 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 the 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, to include the 25 July 2018 guidance from the Under Secretary of Defense for Personnel and Readiness regarding equity, injustice or clemency determinations (Wilkie Memo). 
 
The Board determined that your personal appearance, with or without counsel, would not materially add to their 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 and began a period of active duty on 24 November 1997.  On 26 July 1997, you signed the U.S. Navy drug policy.  On 5 June 1998, nonjudicial punishment (NJP) was imposed on you for Failure to Obey a Lawful Order.  On 26 June 1998, you signed the USS  drug policy.  On 9 February 2000, NJP was imposed on you for Wrongful Use of Marijuana.  Subsequently, administrative separation action was initiated.  On 12 February 2000, you waived your right to counsel and an administrative board.  On 17 February 2000, your Commanding Officer recommended you be administratively separated with an Under Other Than Honorable Conditions (OTH) discharge.  On 29 February 2000, the Separation Authority directed you be administratively separated with an OTH.  On 8 March 2000, you were discharged with an OTH.   
 
You requested an upgrade of your discharge.  You stated you went on a six-month Med cruise and performed multiple assignments with a clean record.  You acknowledged you made a very bad decision over the Christmas break.  You asked for mercy and asserted you have worked on multiple Navy ships as an electrician.  You also asserted you are a father and a devoted Christian.  Finally, you asserted you were very young and have had no other issues with multiple security clearances approved since the misconduct.      
 
The Board carefully considered all potentially mitigating factors to determine whether the interests of justice warrant relief in your case in accordance with the Wilkie Memo.  These included, but were not limited to, your desire to upgrade your discharge, your age at the time of the misconduct, and contention that you have been a productive member of society since your discharge.  Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief.  Specifically, the Board determined that your misconduct, as evidenced by your two NJPs, outweighed these mitigating factors.  Accordingly, given the totality of the circumstances, the Board determined that your request does not merit relief.  
  
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,