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

Docket No: 1125-19   
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 30 September 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 12 July 2001.  On 3 September 2002, you received nonjudicial punishment (NJP) for underage drinking and driving under the influence.  You were awarded forfeiture of pay, restriction, extra duties, and reduction in rank.  Additionally, you were advised that any further deficiencies in performance and/or conduct could result in administrative separation and/or judicial proceedings.  On 6 November 2002, you began a period of unauthorized absence (UA) that continued until 21 December 2002.  On 21 January 2003, you were convicted by summary court-martial (SCM) for violating Uniform Code of Military Justice Articles 86 (UA) and 112a (wrongful use of marijuana).  You were sentenced to confinement and reduction in rank.  Subsequently, administrative discharge action was initiated by reason of misconduct due to commission of a serious offense, pattern of misconduct, and drug abuse/use.  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) conditions discharge and the separation authority approved your separation from the Navy.  On 29 March 2003, you received an OTH discharge. 

You requested the Board upgrade your discharge. You contended that you realize you did wrong, but now you are older and wiser, and you do not use drugs.  Lastly, you stated your OTH discharge hampers your chances for employment.  The Board carefully weighed all your potentially mitigating factors, such as your record of service, character letters, and contentions but concluded your factors were not sufficient to warrant a change to your discharge given your misconduct that resulted in two NJPs, the second of which occurred after you were given a retention warning. Further, 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 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, 


10/22/2019