Docket No:  1209-19 
Ref: Signature date 
 

Dear  
 
This is in reference to your application of 7 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 21 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 27 July 1998.  On 6 August 2001 the  Laboratory reported that your urine sample had tested positive for majijuana.  On 21 August 2001, your Commanding Officer (CO) notified ther you were being separated from the naval service for misconduct due to drug use.  You waived your right to consult counsel and an to present your case to an administrative board.  On 7 September 2001, nonjudicial punishment (NJP) was imposed on you for wrongful use of marijuana.  You were discharged with an under other than honorable (OTH) characterization of service on 21 September 2001. 
 
The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge and your contentions that the record is unjust and conflicting.  The Board considered the VA paperwork that you submitted where the VA adjudged your service as honorable.  The Board concluded these factors and assertions were not sufficient to warrant a change to your discharge given your misconduct for drug use.  The Board noted that you waived your procedural rights in connection with your administrative separation.  In doing so, you gave 
up your opportunity to advocate for retention or a more favorable characterization of service when more evidence was obtainable.  Further, the Board of Veterans’ Appeals upgraded your discharge status to honorable in order for you to receive VA benefits, and does not change or upgrade 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 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.