DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 2197-19 Ref: Signature Line 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 you did not file your application 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 30 September 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 21 November 1996. On 3 May 1997, you received nonjudicial punishment (NJP) for wrongful use of a controlled substance (Xanax). You were awarded forfeiture of pay, restriction, and extra duties. On 16 July 1999, you received a second NJP for possession of marijuana. You were awarded restriction and reduction in rank. On 19 July 1999, administrative discharge action was initiated by reason of 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 from the Navy. On 27 August 1999, you were discharged with an OTH characterization of service. You request the Board upgrade your characterization of service to general (under honorable conditions). You assert that you carried out your duties and assignments, excelled in your performance, and received two medals. You claim you didn’t realize you were struggling with addiction, and that you tested positive for marijuana after the Fourth of July holiday. You state you were devastated to be discharged, as you had hoped to make the military your career, and that, after your discharge you enrolled in treatment and gained coping skills. The Board carefully weighed all potentially mitigating factors, such as your record of service, your desire to upgrade your discharge, and your post-service conduct, as well as your contentions, but concluded that these factors were not sufficient to warrant a change to your discharge given your repeated serious misconduct. The Board also noted that you provided no evidence to support your contentions. Absent such evidence, the Board relied upon the presumption of regularity and presumed that the officials acted in accordance with governing law and policy and in good faith. The Board thus concluded that there is no probable material error or injustice in your record warranting corrective action. It is regretted that the circumstances of your case are such that favorable action cannot be taken at this time. 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, 10/21/2019