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

Docket No:  11781-19 
Ref: Signature date 

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, sitting in executive session, considered your application on 14 April 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, as well as applicable statutes, regulations, and policies.
 
You enlisted in the Navy and began a period of active duty on 22 October 2003. On 7 July 2004, you received nonjudicial punishment (NJP) for unauthorized absence, missing movement, and wrongful use of cocaine. Subsequently, administrative discharge action was initiated by reason of misconduct due to drug abuse and commission of serious offense.  On 13 July 2004, you waived your right to consult with counsel and your right to a hearing before an administrative discharge board.  After being afforded all of your procedural rights, your case was forwarded to the separation authority for review.  On 13 July 2004, your commanding officer recommended that you be discharged with an other than honorable (OTH) characterization of service.  On 15 July 2004, the separation authority concurred with your CO’s recommendation and directed that you be separated with an OTH discharge.  You received an OTH discharge on 22 July 2004.
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and your assertions that you were wrongfully recruited because your recruiter knew you had a severe drug addiction and overlooked how this would affect your Navy career.  The Board considered that your parents hoped your joining the Navy would shape you up, but the opposite occurred.  The Board also considered your admissions that you lied on your enlistment paperwork, used a fake ID to buy alcohol, and used more drugs. Finally, the Board considered that you are now 34, married, have children, are a teacher, and have been clean for fifteen years.  The Board concluded these factors and assertions were not sufficient to warrant a change to your discharge given your misconduct, which resulted in NJP.  The Board noted you waived your procedural 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. 

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,