Docket No: 5847-20
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. 
 
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 25 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 to include the 25 July 2018 Under Secretary of Defense Memo on Guidance to Military Discharge Review Boards and Boards for Correction of Military / Naval Records Regarding Equity, Injustice, or Clemency Determinations. 
 
You enlisted in the Navy and began a period of active duty on 27 May 1992.  On 24 August 1993, you received non-judicial punishment (NJP) for an unauthorized absence totaling 29 days and missing ship’s movement.  On 6 September 1993, you received your second NJP for wrongful use of marijuana.  Subsequently, on 9 September 1993, you were notified that you were being recommended for administrative discharge from the naval service because of misconduct due to commission of a serious offense and drug abuse.  You were advised of, and waived your procedural right, to consult with and be represented by military counsel, and your right to present your case to an administrative discharge board (ADB).  Your commanding officer (CO) recommended administrative discharge from the naval service with an other than honorable (OTH) characterization of service.  The discharge authority approved the CO’s recommendation and directed that you be separated from the naval service with an OTH characterization of service.  On 14 October 1993, you were so discharged. 
 
The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge.  The Board considered your contentions that: (a) the record is 100% not accurate --- you are innocent; (b) you were too young to defend yourself against the Captain, Officers and especially the master-at-arms (MA); (c) you were not guilty of using drugs and you told the MA this several times, the MA said you could go home if you said yes to the charge; and (d) you signed up to be a Navy Seal and were never given a chance.    
 
Regarding your contentions, the Board relies on a presumption of regularity to support the official actions of public officials, and in the absence of substantial evidence to the contrary, will presume that they have properly discharged their official duties.  Your contentions, unsupported in the record or by submission of documentation failed to overcome that presumption.   
 
Unfortunately, after careful consideration of your contention, the Board did not find evidence of an error or injustice that warrants upgrading your characterization of service or sufficient evidence to warrant clemency.  Even under the liberal consideration standard, the Board found your misconduct warranted an OTH characterization of service.   
 
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,