DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD SUITE 1001 
ARLINGTON, VA 22204-2490

Docket No 9170-17              
Ref: Signature Date 

This is in reference to your application for correction of your naval record pursuant to the provisions of 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.    
  
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.  Your request was carefully examined by a three-member panel of the Board, sitting in executive session on 11 March 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 22 June 1994.  On 28 September 1995, you received nonjudicial punishment (NJP) for a 22-day unauthorized absence, missing movement, and wrongful use of marijuana.   Subsequently, administrative discharge action was initiated by reason of misconduct due to commission of a serious offense and drug abuse.  After you were afforded the opportunity to consult with counsel, you waived your right to present your case to an administrative discharge board.  Your commanding officer (CO) recommended that you be discharged with an other than honorable (OTH) characterization of service.  On 19 October 1995, the separation authority concurred with your CO’s recommendation and directed that you be discharged with an OTH characterization of service. You were discharged with an OTH characterization of service on 10 November 1995. 
The Board carefully weighed all potentially mitigating factors, such as your youth and immaturity, your otherwise commendable service, your post-service conduct and accomplishments, and your desire to upgrade your discharge, as well as your assertion that you were emotionally stressed at the time of your misconduct and have not smoked marijuana before or since the incident.  The Board, however, concluded that these factors and assertions were not sufficient to warrant a change to your discharge given your serious misconduct.  The Board noted that the record contains no evidence, and you presented none, to support your contentions regarding your emotional state, that you did not use marijuana before the incident and have not done so since, and regarding your post-service conduct and accomplishments.  The Board thus concluded that you have not shown any probable material error or injustice warranting a change to your record. 

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. 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, 

6/28/2019