DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 1166-19 Dear : This is in reference to your application of 2 January 2019 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 that 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 28 October 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, and applicable statutes, regulations, and policies. You enlisted in the Navy and began a period of active duty on 7 September 2001. On 8 March 2002, you received non-judicial punishment (NJP) for underage drinking and assault. On 29 March 2002, you received NJP for wrongful use of marijuana. On 29 March 2002, you were notified of administrative action to separate you from the naval service. That same day, you waived your right to consult with counsel and to have your case presented to an administrative discharge board (ADB). You also declined any and all medical screening for alcohol and drug dependency and refused to accept any treatment that might have been recommended. On 4 April 2002, your Commanding Officer (CO) recommended you be separated with an under other than honorable (OTH) characterization of service. On 5 April 2002, the separation authority concurred, and approved your separation with an OTH characterization of service. On 23 April 2002, you were so discharged. The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge and assertions that your discharge was inequitable and improper because you were discriminated against, as this was your first offense. The Board also noted your admission that you responded immaturely and continued with irresponsible behavior trying to cope with this unjust adjudication and did not realize the severity of the consequences. Finally, the Board noted your regret for your actions as an immature and ignorant young adult because you are now a responsible adult, husband, father, minister and business owner. The Board concluded these factors and assertions were not sufficient to warrant a change to your discharge given your misconduct, which resulted in NJP for wrongful drug use, underage drinking and assault. The Board noted you waived your rights in connection with your administrative separation. By doing so, you gave up your first, and best, opportunity to advocate for retention or a more favorable characterization of service at the time when more information was available to you. 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,