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

Dear	:

Docket No: 1464-19 
Ref: Signature Date

This is in reference to your application of 8 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 30 September 1999. On 28 January 2000, you began a period of unauthorized absence (UA) that continued until 24 February 2000. On 15 March 2000, you received non-judicial punishment (NJP) for the mentioned UA and you were counseled and advised that failure to take corrective action may result in administrative separation or judicial proceedings. On 12 December 2000, you received a second NJP for wrongful use of a controlled substance. On 13 December 2000, an administrative action to separate you from the naval service was initiated for misconduct due to drug abuse. 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 be discharged with an other than honorable (OTH) characterization of service and the separation authority approved your separation.  On 29 December 2000, you were discharged with an OTH characterization of service.

You requested the Board upgrade your discharge to honorable. You asserted an overaggressive recruiter at your high school coerced you to join the Navy. You stated you had a learning disability and you were scheduled to start a Vocational Rehabilitation course, but you were talked into joining the Navy by a recruiter who knew you were mentally disabled at the time. You claimed you failed the entrance test, but a recruiter falsified the test scores, therefore, you were set up to fail in the Navy. In support of your petition, you attached Vocational Rehabilitation Documents dated April 1998. The documents include a psychologist and a special education program evaluation that indicated weakness in math; difficulty with multi-step problems; lack of academic achievement affected by poor attendance; and that you learn best hands-on. You were offered counseling, guidance, work exploration, self-advocacy training, and employment services.

The Board carefully weighed all potentially mitigating factors, such as your record of service and contentions and concluded these factors were not sufficient to warrant a change to your discharge given your misconduct, including drug abuse. The Board noted that you provided no evidence to support your contention of recruiter misconduct. Absent of such evidence, the Board relied upon the presumption of regularity and presumed that the officials acted in good faith and in accordance with governing law. 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,