Docket No: 8736-17
      				
Dear 

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 found the evidence submitted was insufficient to establish the existence of probable material 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 for Correction of Naval Records, sitting in executive session, considered your application on 7 January 2019.  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 25 March 1995.  You served nearly a year and a half without disciplinary incident.  On 1 February 1996, you received nonjudicial punishment (NJP) for violating Article 121 of the Uniform Code of Military Justice (stealing a compact disc from the Navy Exchange).  On 28 February 1996, you received a second NJP for violating Article 112a (wrongfully possessing marijuana, hashish, tetrahydrocannabinol (THC), and hash oil.   You were discharged from the Navy on 26 April 1996, on the basis of Misconduct, and received an other than honorable characterization of service and a reentry (RE) code of RE-4.

You requested an upgrade to your discharge characterization, indicating that you would like a medical discharge, or a general (under honorable conditions), or an honorable characterization of service, and that you would like to be reinstated in rank from an E-1 to an E-3.  You stated that you were assigned to the awaiting a medical discharge when an adverse incident occurred.  You indicated that the adverse incident resulted from your mother sending you a box containing paraphernalia that belonged to your uncle.  You contended that you did not know anything about the box or its contents until the Master-at-Arms (MAA) was already waiting for you.  You stated that you did not realize your discharge status had changed from a medical separation to a separation on the basis of misconduct, with an other than honorable characterization of service, until you were signing the paperwork and it was too late to dispute the other than honorable discharge. 

The Board, in its review of your entire record and application, carefully weighed all factors relating to your request for an upgrade to your discharge characterization.  The Board noted that you were assigned to TPU when you received the 28 February 1996 NJP for wrongful possession of marijuana, hashish, THC, and hash oil.  You were reduced in rank as a result of the NJP, and administrative discharge proceedings were initiated on the basis of the misconduct for which you were found guilty.  The Board noted that you received Notice of Administrative Separation Proceedings, and acknowledged your right to appear before an administrative separation board.  You subsequently waived your right to appear before a board to dispute the misconduct and separation.  The Board found that you were not deprived of the opportunity to dispute the basis for separation, your discharge, or your other than honorable characterization of service.  The Board concluded that you were properly reduced in rank following the 28 February 1996 NJP, and that your administrative discharge proceedings were properly executed on the basis of your documented misconduct.  The Board found that an upgrade or change to your discharge is not appropriate, and that a reinstatement in rank is not warranted. 

It is regretted that the circumstances of your case are such that favorable action cannot be taken at this time.  You are entitled to have the Board reconsider its decision upon the submission of new and material evidence.  New evidence is evidence not previously 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,



Executive Director