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

Docket No: 8621-18               
Ref: Signature date 

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 6 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, 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 22 July 1997.  On 13 January 1999, you received nonjudicial punishment (NJP) for unauthorized absence (UA).  On 7 March 2000, you received another NJP for wrongful use and possession of a controlled substance (THC/marijuana).  On 9 March 2000, administrative discharge action was initiated by reason of misconduct.  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 4 April 2000, you received an OTH discharge. 

You requested the Board upgrade your discharge to general (under honorable conditions).  You contended that at the time of the incident, you were young and made an unwise decision, but as you have matured your decision-making has improved and you are a productive member of society.  Additionally, you claimed you are unable to apply for any state or government jobs and you want to be able to support your family. 

The Board carefully weighed all potentially mitigating factors, such as your record of service and contentions.  The Board concluded these factors were not sufficient to warrant a change to your discharge given your misconduct which resulted in two NJPs.  With regard to your contention, there is no provision of law or in Navy regulations that allows for recharacterization of service due solely to the passage of time. 

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,