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

Docket No:  11014-18             
Ref: Signature date 

This letter is in reference to your application of 25 October 2018 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. 

A three-member panel of the Board, sitting in executive session, considered your application on 23 September 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, as well as applicable statutes, regulations, and policies. 

You enlisted in the Navy and began a period of active duty on 4 January 2013.  On 4 April 2017, you were discharged with an honorable characterization of service, following a reduction in force.  On 25 April 2018, you enrolled as an officer candidate in the Health Services Collegiate Program.  On 10 May 2018, during a urinalysis sweep, your sample tested positive for oxymorphine.  Subsequently, Navy Personnel Command directed disenrollment and administrative action to separate you from the naval service for failure to complete commissioning or warrant program.  On 12 June 2018, you were notified of disenrollment and requested reconsideration of disenrollment.  You submitted a letter from your wife that she accidentally gave you oxycodone instead of ibuprofen.  On 30 June 2018 you were discharged with an honorable characterization of service. After your discharge you again asked for reconsideration.  On 15 October 2018, Commander, Navy Recruiting Command, denied your request for reconsideration.   

The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your reentry code, and your contention that you are suitably qualified for continued military service based on evaluations, endorsements, and other documents.  The Board considered that Commanding Officer,                                  , wrote a letter on your behalf and was willing to give you a second chance.  The Board also considered your contention that you were very upfront and honest with your recruiter.  The Board concluded these factors and assertions were not sufficient to warrant a change to your discharge given your misconduct, which resulted in a positive urinalysis. 

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. 

Sincerely, 


11/12/2019