Docket No: 1705-19 Ref: Signature Date Dear This letter 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 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 1 August 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. Regarding your request for a personal appearance, the Board determined a personal appearance with or without counsel will not materially add to its understanding of the issues involved. Therefore, the Board determined a personal appearance was not necessary and considered your case based on the evidence of record. You enlisted in the Navy and began a period of active duty on 24 March 1994. Your record is incomplete but it appears you served without disciplinary incident until 17 July 1997 when you received nonjudicial punishment for wrongful use of cocaine as determined by unit random urinalysis. Your record also does not contain the documents pertaining to your administrative discharge but, based on your Certificate of Release or Discharge from Active Duty (DD Form 214), it appears that after being afforded all of your procedural rights, the separation authority directed that you be discharged from the naval service with an other than honorable (OTH) characterization of service by reason of misconduct due to drug abuse. On 29 August 1997, you were so discharged, prior to completion of your full enlistment. The Board carefully reviewed your application, weighed all potentially mitigating factors, and considered your contention that you were “surprised that [you] [were] given an OTH, especially since [you] had no other infractions or negative performance reports.” You further contend it was unjust to punish you with reduction in rank and restriction and give you an OTH discharge at the end of your enlistment. The Board also considered your contention that your OTH discharge has had a “deleterious effect” on your post-service employment and caused the loss of education benefits. Additionally, the Board noted your assigned separation code shows you were notified of and waived your procedural rights. In doing so, you gave up your first and best opportunity to advocate for rehabilitation, retention, or a more favorable characterization of service. The Board, noting you did not submit any post-service information or advocacy letters, did not find evidence of an error or injustice that warrants upgrading your characterization of service. Based on your misconduct, the Board determined you were assigned an appropriate characterization of service. Even under the liberal consideration standard, the Board found your drug abuse warranted an OTH 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.