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

Docket No: 8814-18            
Date: Ref Signature 

This 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 20 November 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. 

Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issues involved.  Therefore, the Board determined that 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 service on 18 August 1978.  On 12 September 1994, you were convicted at a special court-martial (SPCM) for unauthorized absence (UA), and two specifications of wrongful use of methamphetamine.  You were sentenced to confinement, forfeiture of pay, reduction in rank, and a bad conduct discharge (BCD).  On 4 December 1995, you were discharged with a BCD as a result of a court-martial conviction. 

The Board carefully weighed all potentially mitigating factors, such as your request to upgrade your discharge and contentions that you were both unaware of the Navy’s drug policy and you were unaware of being drugged with an unknown substance.  The Board noted that there is no evidence in your record, and you submitted none, to support your contentions.  The Board concluded that these factors were not sufficient to warrant an upgrade to your discharge based on the severity of your misconduct, which resulted in a SPCM conviction and subsequent BCD.  Lastly, the Board in its review discerned no material error or injustice in your discharge. 

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, 


12/27/2019