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

Docket No 0797-18  
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 that 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 2 May 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 9 November 1998.  On 17 February 2000, you received non-judicial punishment (NJP) for disobeying a lawful order, assault, drunk and disorderly conduct, and provoking speech.  On 11 October 2001, you received NJP for an unauthorized absence (UA) from your unit.  On 3 January 2002, you received NJP for wrongful use of a controlled substance (marijuana).  On 8 January 2002, you were advised that you that you were being processed for administrative separation from the naval service due to misconduct with a recommended other than honorable (OTH) characterization of service. You acknowledged and waived your procedural rights in writing.  Your case was forwarded to the separation authority, who approved the discharge as recommended on 16 January 2002.  On 29 January 2002 you were so discharged. 

The Board carefully weighed all potentially mitigating factors in your case, including your desire for an upgrade of your discharge and your contentions.  The Board reviewed the fact that your enlistment was 75% completed, and your admissions and regret regarding your marijuana use.  The Board considered your entire period of service as well as the letters submitted on your behalf.  However, the Board concluded that these factors and assertions were insufficient to warrant a change to your discharge given your misconduct, which resulted in three NJPs, including one for wrongful drug use. Finally, the Board noted that you indicated on your waiver of rights form that you had no objection to the pending discharge, and that you waived your right to have your case heard before an administrative discharge board – your best chance for retention or to receive a better characterization of service. 

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,