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

                                                            Docket No: 2957-19   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 7 May 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 service on 9 April 1996.  On 4 October 1996, you were not recommended for promotion due to your substandard performance.  On 1 April 1997, you were counseled regarding your misconduct.  On 25 April 1997, you received non-judicial punishment (NJP) for three specifications of being absent from your appointed place of duty.  On 28 April 1997, you were counseled regarding your misconduct.  On 28 September 1997, you were not recommended for promotion.  On 4 April 1998, you were convicted at a summary court-martial (SCM) for failure to go to your appointed place of duty at the prescribed time and for the wrongful use of cocaine.  As a result of the foregoing, on 29 May 1998, you were notified of the initiation of administrative separation proceedings by reason of misconduct-drug abuse, at which point, you elected to consult with counsel and waived your procedural rights.  On 16 June 1998, the separation authority approved and directed your discharge with an OTH characterization of service by reason of misconduct due to drug abuse.  On 10 July 1998, you were discharged. 

The Board carefully weighed all potentially mitigating factors, such your desire to upgrade your discharge and contention you were unknowingly drugged, carjacked, and stabbed through no fault of your own.  The Board noted you failed to provide evidence, and your record does not contain evidence to support your contention.  The Board concluded that your discharge was appropriate based on the seriousness of your drug related misconduct.  The Board discerned no probable material error or injustice in your record that warrants an upgrade in the characterization of your 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. 

Sincerely, 

5/29/2020