Docket No: 2961-19 
Ref: Signature Date 


This is in reference to your application of 1 March 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 2 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, and applicable statutes, regulations, and policies. 

Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issues involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 

You enlisted in the Navy and began a period of active service on 28 October 1998.  On 14 April 1999, you went to non-judicial punishment (NJP) for a period of unauthorized absence (UA) lasting 3 days.  On the same day you were issued a “Page 13” counseling warning documenting your UA and NJP.  The Page 13 expressly warned you that any further deficiencies in your performance or conduct may result in disciplinary action and administrative separation processing.  On 8 December 1999, you went to NJP for the wrongful possession of marijuana.  You did not appeal your punishment.  A Navy Drug Laboratory message dated 9 December 1999 indicated that you tested positive for marijuana.  On 12 December 1999, you went to NJP for the wrongful use of marijuana.  You did not appeal your punishment. 

On 14 December 1999, you were notified that you were being processed for an administrative discharge by reason of misconduct due to a pattern of misconduct, and misconduct due to drug abuse.  You expressly waived your rights to consult with counsel, submit statements to the separation authority, and present your case to an administrative separation board.  Ultimately, on 14 January 2000 you were discharged from the Navy with an other than honorable (OTH) characterization of service, and assigned an “RE-4” reentry code. 

The Board carefully weighed all potentially mitigating factors, including your contentions that there was no evidence in your case, that it was just hearsay from one sailor to another, and that no evidence was ever brought to court.  However, the Board found that your contentions and mitigating factors were not sufficient to warrant upgrading your discharge or granting any other relief in your case given the overall seriousness of your collective misconduct.  The Board noted, that you admitted to possessing the marijuana during the command investigation, and at least two witnesses also observed the marijuana on your dresser in the barracks.  The Board also noted that the record shows that you did not appeal your NJPs and you waived your right to an administrative discharge board. 

Additionally, the Board reviewed your application under the recent guidance provided in the Under Secretary of Defense’s memorandum dated 25 July 2018 entitled, “Guidance to Military Discharge Review Boards and Boards for Correction of Military/Naval Records Regarding Equity, Injustice, or Clemency Determinations” (USD Memo).  The purpose of the USD Memo is to ease the process for veterans seeking redress and assist Boards for Correction of Military/Naval Records “in determining whether relief is warranted on the basis of equity, injustice, or clemency.” The USD Memonoted that “increasing attention is being paid to…the circumstances under which citizens should be considered for second chances and the restoration of rights forfeited,” and that “BCM/NRs have the authority to upgrade discharges or correct military records to ensure fundamental fairness.” The USD Memo sets clear standards and principles to guide BCM/NRs in application of their equitable relief authority, and further explains that boards shall consider a number of factors to determine whether to grant relief, including any arrests or convictions.  However, even in light of the USD Memo, the Board still concluded that, given the totality of the circumstances your request does not merit relief. 

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. 



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