Docket No: 2609-19 
Ref: Signature Date 



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 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 23 April 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 and began a period of active duty on 13 November 1990.  On 24 June 1994, you received non-judicial punishment (NJP) for an unauthorized absence and disrespect toward a noncommissioned officer.  On 31 October 1996, you received your second NJP for wrongful use of a controlled substance.  Subsequently, you were notified of pending administrative action to separate you from the naval service because of misconduct due to drug abuse. You were advised of and waived your procedural rights, including your right to consult with and be represented by military counsel and your right to present your case to an administrative discharge board (ADB).  Your commanding officer (CO) recommended that you be administratively discharged from the naval service with an other than honorable (OTH) characterization of service. The discharge authority approved the CO’s recommendation and directed that you be administratively discharged with an OTH characterization of service by reason of misconduct due to drug abuse.  On 13 November 1996, you were so discharged. 

The Board carefully weighed all potentially mitigating factors in your case, including your desire to change your narrative reason for separation and upgrade your discharge. The Board considered your contention that your discharge is unjust.  You state that “Prior to your service, you did use marijuana,” but after and during your time of service you never once used drugs.  During your NJP, your chain of command vouched for you because your behavior had not changed.  The Board concluded that these factors were insufficient to warrant relief in your case because of the seriousness of your misconduct that resulted in two NJPs, which included wrongful drug use in light of the Navy’s policy of “zero tolerance.”  The Board noted you waived your right to an ADB, and thereby forfeited your best opportunity to receive a better characterization of service.  Regarding your contention that your discharge was unjust, there is no evidence in your record, and you presented none, to support your contention.  Under the totality of the circumstances, the Board discerned no probable material error or injustice in the discharge. 

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.