Docket No: 7785-18 

 Ref: Signature date 


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 you did not file your application 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 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. 

Regarding your request for a personal appearance, the Board determined that a personal 
appearance, with or without counsel, would not materially add to their understanding of the 
issues involved. Therefore, the Board determined a personal appearance was not necessary and 
considered your case based on the evidence of record. 

You enlisted in the Navy and began a period of active duty on 7 December 1993. On 23 January 1997, you received nonjudicial punishment (NJP) for wrongful use of amphetamines. Subsequently, administrative discharge action was initiated by reason of misconduct due to drug 
abuse. After being afforded all of your procedural rights, you waived them, and your case was forwarded to the separation authority for review. Your commanding officer recommended that you receive an under other than honorable (OTH) discharge and the separation authority 
approved your separation from the Navy. On you received an OTH discharge due to misconduct of drug abuse. 

In your application, you requested the Board upgrade your discharge to honorable and remove 
the drug test results from your record. You asserted you did not actively or knowingly partake in the use of the drug, you tried to dispute the test and get retested, and you were almost forced to give false testimony and agree to the charge. You stated you never failed a drug test in the 24 years since your discharge, you have no criminal history, and you have been a productive and contributing member of society, advanced to management level in your career, coach little league sports, and have been a father and husband for 20 years. 

The Board carefully weighed all potentially mitigating factors, such as your record of service and contentions, but concluded these factors were not sufficient to warrant a change to your discharge given your misconduct. Additionally, the Board found no error in the records 
concerning the positive urinalysis results. With regard to your contention that you did not actively or knowingly partake in drug use, on the chief master-at-arms advised you of your Article 31(b) rights, which you waived. You provided a statement admitting that you willfully used amphetamines at a party with your girlfriend. With regard to your contention that you tried to dispute the test and you were almost forced to give false testimony and agree to the charge, you did not appeal your NJP, you waived all rights pursuant to your administrative separation including the right to consult with counsel, and to have a hearing before an administrative discharge board. All of these factors indicate that you did not attempt to dispute the test or the charge. The Board noted that you provided no evidence otherwise to support your contentions. Absent of such evidence, the Board relied upon the presumption of regularity and presumed that the officials acted in good faith in accordance with governing law and policy. 

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.