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

Docket No: 1914-19 
Ref: Signature date 

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 18 February 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 on 27 April 1993.  On 1 September 1994, you received non-judicial punishment (NJP) for being disrespectful in language toward a petty officer, willfully disobeying a lawful order, and being disrespectful in deportment toward a petty officer.  You were also counseled that further misconduct could result in further disciplinary and administrative action.  Three weeks later, on 22 September 1994, you received a second NJP for wrongful use of a marijuana.  Subsequently, you were notified of pending administrative action to separate you from the naval service by reason of misconduct due to commission of a serious offense and misconduct due to drug abuse.  After you were advised of, and waived, your procedural rights, your commanding officer (CO) recommended that you be discharged with an other than honorable (OTH) characterization of service by reason of misconduct due to commission of a serious offense/drug abuse.  The discharge authority approved this recommendation and directed an OTH discharge due to misconduct.  On 2 November 1994, you were so discharged. 

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and your contentions that your discharge was unjust because it was based on your first offence, and you were not given an opportunity to received help or counseling.  In this regard, the Board concluded that the seriousness of your misconduct, and your violation of the Navy’s “Zero Tolerance” drug policy, outweighed your desire to upgrade your discharge.
 
In regard to your contentions that your discharge was unjust because it was based on your first offence and you were not given an opportunity to received help or counseling, the Board noted that the record shows that you were notified of and waived your right to present your case to an administrative board (ADB).  In doing so, you gave up your first and best opportunity to advocate for retention or a more favorable characterization of service.  The Board also noted the record shows that you received a warning counseling after your first NJP and prior to testing positive for marijuana, and that you had been notified where assistance was available through your chain of command. 

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, 


3/6/2020