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

Docket No:  9487-18               
Ref: Signature date 

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 5 August 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 31 January 2000.  Nonjudicial punishment (NJP) was imposed on you for use of illegal drugs.  Although the details were not found in your records, at some point, administrative discharge action was initiated by reason of misconduct due to drug abuse, you waived your right to an administrative discharge board, and on 9 October 2002, your commanding officer submitted a discharge package for your separation.  On 9 October 2002, the separation authority approved your administrative discharge and you received an other than honorable conditions discharge. 

The Board carefully weighed all potentially mitigating factors, such as your request to upgrade your discharge, and assertions that after working with NCIS and coming to an agreement with them you believed that if you had no additional incidents, your discharge would be automatically upgraded.  There is no provision of law or in Navy regulations that allows for recharacterization of service due solely to the passage of time.  The Board also considered your assertions that you have a clear criminal record, would like to pursue other avenues for career options, and you should have addressed the discharge at time of discharge, but trusted it would happen on its own. 

The Board noted you provided no evidence for your contentions beyond your statement.  Absent substantial evidence to the contrary, the Board relied on the presumption of regularity, that the officials involved in your discharge acted in good faith and applied the existing laws and regulations to your discharge and separation.  The Board concluded your mitigating factors were not sufficient to warrant a change to your discharge given your misconduct, which resulted in NJP for wrongful drug use. 

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, 

10/4/2019