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

Docket No: 10462-19          
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 16 December 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. 

Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to its 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 duty on 21 January 2003.  On 15 December 2003, you received nonjudicial punishment (NJP) for wrongful use of a controlled substance, disobeying a lawful order, and unauthorized absence.  You were notified the same day of administrative separation proceedings against you on the basis of drug abuse.  On 
17 December 2003, Commanding Officer, USS          (      ) recommended that you be discharged with an other than honorable (OTH) characterization of service.  On 24 December 2003, you were separated from the Navy with a narrative reason of “Misconduct,” and received an OTH discharge and a reentry (RE) code of RE-4. 

In your petition to the Board, you ask for a change to your narrative reason and RE code, requesting an upgrade to a waivable status or reclassification entirely.  You contend that your separation was improper and inequitable, the charges against you were false, and that your service records reflect a litany of errors throughout the discharge process that are both fraudulent and clerical.  

The Board, in its review of your entire application, carefully weighed all potentially mitigating factors, including your contention that your discharge was improper and inequitable.  The Board considered your claims of fraudulent and clerical errors, and reviewed your available service records as they pertained to your administrative separation.  The Board noted that on 15 December 2003, you were taken to NJP for three violations of the Uniform Code of Military Justice.  You do not appear to have appealed the guilty findings at NJP.  The Board determined that the findings at NJP were sufficient to establish misconduct, and that your misconduct of drug abuse was an appropriate and proper basis for initiating separation proceedings against you.  On 15 December 2003, you were notified of your rights in the administrative separation process; as indicated by your initials on the notice, you waived your right to request an administrative board.  The Board concluded that your administrative discharge due to misconduct was executed without probable material error or injustice. Furthermore, the Board determined that the seriousness of your wrongful use of a controlled substance while in an active duty status supported the RE-4.  The Board concluded that your other than honorable characterization of service, your narrative reason for separation of “Misconduct,” and your RE-4 were proper as issued and do not warrant corrective action. 

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, 


1/29/2020