Docket No:  0668-20   
Ref: Signature date 


This letter 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 that 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 31 March 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, as well as applicable statutes, regulations, and policies. 

You enlisted in the Navy and began a period of active duty on 16 October 2002.  On 10 September 2004, you received non-judicial punishment (NJP) for wrongful use of a controlled substance (methamphetamine).  Subsequently, administrative discharge action was initiated to separate you from the naval service by reason of misconduct – drug abuse. The record reflects that you confessed to this misconduct and were a cooperating witness under oath on two occasions.  On 14 December 2004, you elected to consult with legal counsel and to have your case heard before an administrative discharge board (ADB).  On 22 February 2005, the ADB considered all of your mitigating factors, service, record and evidence and unanimously determined by a preponderance of the evidence that you had committed misconduct due to your drug abuse and recommended that you be separated.  By a vote of 2-1, the ADB recommended that you be separated with a general (under honorable conditions) (GEN) characterization of service (suspended).  Your legal counsel subsequently requested that theADB’s findings be set aside for failure to establish that you ingested an illegal substance.  Your commanding officer agreed with the ADB’s recommendation to separate you, but strongly recommended that you be separated with an other than honorable characterization of service for violating the Navy’s “zero­tolerance” drug policy.  After being afforded all of your procedural rights, your case was forwarded to the separation authority for review.  On 16 March 2005, the separation authority determined that you be separated with a GEN characterization of service.  On 30 March 2005, you were so discharged.  

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and assertions that you were honest in the investigation and have not been in any trouble.  In addition, the Board considered your assertions that an upgrade will allow you to receive education, mental health care and healthcare.  However, the Board determined that these factors and assertions were insufficient to warrant a change to your discharge given your misconduct, which resulted in your 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 the 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.