Docket No: 4718-20 
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. 
 
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. 
  
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). 
  
You enlisted in the Navy and began a period of active duty on 15 December 1997.  On 28 May 1998, nonjudicial punishment (NJP) was imposed on you for Larceny.  On 5 August 1998, NJP was imposed on you for Wrongful Use of Marijuana and two specifications of Unauthorized Absence.  Subsequently, administrative separation action was initiated against you for Misconduct – Drug Abuse, Commission of Serious Offense, and a Pattern of Misconduct.  On 5 August 1998, you waived your right to counsel and an administrative board.  On 12 August 1998, your Commanding Officer (CO) recommended you be administratively separated with an Under Other than Honorable Conditions (OTH) discharge.   On 27 August 1998, the Separation Authority directed you be administratively separated with an OTH.  On 4 September 1998, you were discharged with an OTH.   
 
You requested an upgrade of your discharge to Honorable. You stated you were discharged for testing positive for marijuana.  You asserted this was unjust and that the rest of the country seems to see that considering marijuana is legal in most places.  You asserted you were nineteen years old, a patriot, and you should have had counseling as opposed to an OTH discharge for a first offense.  Finally, you asserted you worry more about what the Navy lost than yourself under these silly circumstances.  
 
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 offenses, and that the marijuana offense was a first time drug offense.  Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief.  Specifically, the Board determined that your repeated 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,