Docket No: 5233-20 
 
 
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.    
 
A three-member panel of the Board, sitting in executive session, considered your application on 8 June 2021.  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.   
 
The Board carefully considered your request to remove your 15 April 1993 offenses and punishments page/non-judicial punishment (NJP).  The Board considered your contentions that your NJP caused you to be processed for separation, and resulted in the subsequent recommendation for discharge by the Commanding General,  (CG, ).  You also contend that your commanding officer (CO) conducted a thorough investigation and found that you should be retained, thus the CG’s recommendation was a direct contradiction to the findings by your CO.  You claim that your CO’s standard punishment for identically charged offenses was determined to be unjust, his intention was that your NJP be removed, and your 2 August 1993 administrative discharge board confirmed the recommendation that you be retained. 
 
The Board noted that you received NJP for violating Article 112a, Uniform Code of Military Justice (UCMJ) for the wrongful use, or possession of a controlled substance (Amphetamine/Methamphetamine).  The Board also noted that you were properly notified of your Article 31, UCMJ rights, you accepted NJP, you appealed your CO’s decision and your appeal was denied.  The Board found no basis to warrant removal of your NJP and you provided 
none.  The Board determined that your CO’s finding of guilt during your NJP was just and within his discretionary authority pursuant to Article 15, the Manual for Courts-Marital (1984 ed.).   
 
The Board noted that you previously petitioned the Board, and although the Board recommended removal of your NJP and modification to your characterization of service and reentry code, the Assistant Secretary of the Navy, Manpower and Reserve Affairs (ASN, M&RA) disagreed with the Board’s recommendation.  The Board substantially concurred with ASN (M&RA’s) determination that both the officer imposing NJP and members of the administrative separation board were better positioned to judge your credibility and that you knowingly used a controlled substance.   
 
The Board noted that your CO and administrative separation board unanimously found that a preponderance of the evidence supported the allegation of drug abuse, but recommended that you be retained. The Board, however, determined that the CG, 3d MAW and ASN (M&RA) were beholden to the recommendations of your CO or administrative separation board.  The Board also determined that regardless of the recommendations for retention, the ASN (M&RA) was authorized to direct your discharge and characterization of service.  Accordingly, the Board concluded that there is no probable material error, substantive inaccuracy, or injustice warranting corrective action. 
 
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, 
 
6/21/2021
Executive Director