Docket No: 5251-20 
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 was denied.     
 
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. 
 
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 23 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. 
  
You enlisted in the Navy and began a period of active duty on 3 August 1993.  On 1 May 1996, nonjudicial punishment (NJP) was imposed on you for Wrongful Use of Marijuana.  Your original service record was incomplete and did not contain all of documentation pertaining to your separation from the Navy.  Absent such evidence, the Board relied upon the presumption of regularity and presumed the officials acted in accordance with governing law/policy and in good faith.  Based on the available documentation, it appears that administrative separation action was initiated against you, and on 20 September 1996, you were administratively separated by reason of misconduct due to drug abuse, and received an other than honorable characterization of service.   
You requested an upgrade of your discharge to Honorable.  You asserted this was a simple mistake of smoking a marijuana cigarette at an early age.  You also asserted it's an injustice due to being a squared away “soldier” for your three years in the Navy.  You also asserted you served as a mess specialist on USS  in the enlisted mess and officer’s mess where you were a dedicated supervisor as an E-1.  You admitted you adventured with marijuana, and contend “a lot of our former presidents, politicians and leaders” have done so as well.  You also asserted it was more curiosity than a continued act.  You further asserted that during a court-martial, several officers spoke on your behalf and the Captain asked if you wanted to stay in or get out.  The Board noted that you provided no evidence to support your contentions, and concluded these factors and assertions were not sufficient to warrant a change to your misconduct, which resulted in NJP for drug use.   
 
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,