DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 
                                      
Docket No: 1307-18  
Date: Ref Signature 
 
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 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. 

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 17 April 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, relevant portions of your naval record, as well as applicable statutes, regulations, and policies. 

You began a period of active service on 11 July 1994.  On 26 July 1996, you received non­judicial punishment (NJP) for making a check, order or draft without maintaining sufficient funds in the amount of $640.73.  On 5 October 1997, you received NJP for failure to obey a lawful order. On 25 June 1998, you received NJP for wrongful use of tetrahydrocannabinol (THC).  As a result of the foregoing, you were processing for administrative separation.  On 4 August 1998, the staff judge advocate (SJA) determined your case to be sufficient in law and fact.  On 19 August 1998, the discharge authority approved your discharge and directed that you be separated with an under other than honorable (OTH) characterization of service by reason of misconduct due to drug abuse.  You were discharged on 28 August 1998. 

The Board carefully weighed all potentially mitigating factors, such as your request to upgrade your discharge, your contentions that you were discharged for one infraction after 4 years of honorable service while others were given a second chance, and you were not treated fairly when you were transferred to another unit.  The Board found no evidence in your record, you did not provide any, to support your contentions that you were treated unfairly.  There is no precedent within this Board’s review, for minimizing the “isolated incident.” As with each case before the Board, the seriousness of a single act must be judged on its own merit;it can neither be excused nor extenuated solely on its isolation. The Board in its review discerned no material error or injustice in your discharge, and concluded there is insufficient evidence to warrant relief in your case given your drug related misconduct. 

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, 

7/8/2019