Docket No: 2623-19
Ref: Signature Date 


This is in reference to your application of14 February 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 7 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, 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 5 August 1991.  During the period from 10 August to 13 December 1993, you received two non-judicial punishments (NJP) for two specification of unauthorized absence (UA), failure to go to your appointed place of duty, disobeying a lawful order, and wrongful use of marijuana.  Subsequently, you were notified of an administrative action to separate you from the naval service for misconduct due to drug abuse.  After you waived your rights, your commanding officer (CO) recommended that you be separated with an other than honorable (OTH) characterization of service for misconduct due to drug abuse.  The discharge authority approved this recommendation and directed separation.  On 27 December 1993, you were so discharged. 

The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge and contentions that you were forced under duress to smoke marijuana in the engine room by more than four Sailors, you were young and scared, and you served your country well.  Regarding your contention that you were forced under duress to smoke marijuana in the engine room by more than four Sailors, the Board noted that there is no evidence in your record, and you submitted none, to support your contentions.  Regarding your contention that you were young and scared, the Board noted that the evidence of record did not show that you were not responsible for your conduct or that you should not be held accountable for your actions.  Regarding your contention that you served your country well, the Board noted that a Sailor’s service is characterized at the time of discharge based on performance during the current enlistment. The Board concluded that there was no probable material error or injustice in your 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.