DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S COURTHOUSE ROAD SUITE 1001 ARLINGTON VA 22204-2490 Docket No: 10907-19 Date: Ref Signature Dear : 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 for Correction of Naval Records, sitting in executive session, considered your application on 2 September 2020. 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 and applicable statutes, regulations and policies. You enlisted in the Navy began a period of active service on 3 February 1992. On 5 February 1992, you were counseled regarding your retention in naval service despite your failure to disclose your preservice civil involvement/drug abuse, and you were notified that further deficiencies may result in judicial or administrative separation proceedings. On 23 May 1992, you were briefed on the Navy’s drug and alcohol abuse policy. On 4 February 1993, you received non-judicial punishment (NJP) for wrongful use of a controlled substance (i.e., marijuana), at which point, you were notified of the initiation of administrative separation proceedings by reason of misconduct due to drug abuse. On 5 February 1993, you waived your right to consult with counsel and your right to a hearing by an administrative discharge board. On 12 February 1993, you underwent a medical evaluation, and you were found to have a probable psychological dependence but no physical dependence to marijuana. Your commanding officer (CO) subsequently forwarded your package to the separation authority recommending your discharge from the naval service by reason of misconduct due to drug abuse, with an other than honorable (OTH) characterization of service. Your CO’s recommendation was approved, and you were discharged on 4 March 1993. The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge. You contend this was a one-time incident that was a mistake. The Board noted that there is no precedent within this Board’s review, for minimizing a “one-time incident.” As with each case before the Board, the seriousness of a single act must be judged on its own merit; it can neither be excused nor extenuated solely on its isolation. After careful consideration of your contentions, the Board did not find evidence of an error or injustice that warrants upgrading your 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 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,