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 relevant portions of your naval record and your application, 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. 
 
A three-member panel of the Board, sitting in executive session, considered your application on 3 December 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.   
 
A review of your record shows that you entered active duty with the Navy in February 2011.  After serving without incident for over seven years, you were transferred off your ship due to your limited duty status in October 2018.  However, after testing positive for wrongful cocaine use, non-judicial punishment was impose on you in February 2019.  As a result, you were processed for administrative separation for drug abuse and discharged on 18 April 2019 with an Other than Honorable characterization of service.  Your record documents that you tested positive on two additional occasions in March 2019 prior to your discharge.  Post-discharge, you assert that you are pursuing a degree in Management, volunteering with charitable organizations, and leading a productive post-military life.   
 
The Board carefully considered your arguments that you deserve an upgrade to your characterization of service as a matter of clemency based on the circumstances that led you to use cocaine wrongfully.  Unfortunately, the Board determined your characterization of service remains appropriate.  In reviewing your record, the Board concluded the seriousness of your misconduct was sufficient to support your Other than Honorable characterization of service.  Despite your arguments for clemency, the Board noted that you tested positive on two additional occasions other than the incident in which you admitted to knowingly using cocaine.  In the Board’s opinion, these two additional incidents could have easily qualified you for trial by court-martial or further non-judicial punishment.  Therefore, they concluded that you already received the benefit of clemency from the Navy when they chose to administratively process you without additional punishment for your continued misconduct.  While the Board appreciates your post-discharge good behavior, they ultimately concluded this was insufficient to merit an upgrade to your characterization of service based on the seriousness of your misconduct.  Accordingly, the Board found insufficient evidence of error or injustice to warrant a change to your record.   
 
The Board noted in your record that you reenlisted in the Navy on 21 May 2014.  Based on this reenlistment evidence and your prior honorable service from your first enlistment, they recommended you petition the Department of Veterans Affairs for compensation and pension benefits.   
 
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,