Docket No:  3259-19 
Ref: Signature date 
  
Dear : 
 
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 12 November 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, 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 28 August 2001.  On 14 March 2003, nonjudicial punishment (NJP) was imposed upon you for Wrongful Use of Marijuana.  Subsequently, administrative discharge action was initiated by reason of misconduct.  On 14 March 2003, your commanding officer (CO) served notice of administrative separation proceedings.  That same day, you waived both counsel and an administrative board.  On 17 March 2003, your CO recommended you be separated with an under other than honorable conditions (OTH) discharge.  On 20 March 2003, the separation authority approved your administrative separation with an OTH discharge.  You received an OTH discharge on 21 March 2003 
 
The Board carefully weighed all potentially mitigating factors, such as your request to upgrade your discharge, and your assertion that your urinalysis was inaccurate.  The Board also considered your assertions that, when you appealed the results, you were processed out in less than 2 weeks and had no time for appeal.  Now, when you apply for jobs, your record hurts your chances.  The Board noted you waived your rights to submit matters in writing or request an administrative board.  By doing so, your records indicates your first, and best, opportunity to 
advocate for retention or a more favorable characterization of service.  There was no written record of your appeal, and in the absence of substantial evidence to the contrary, the Board presumed regularity in the processing of your appeal by the officials involved.  The Board concluded your mitigating factors were not sufficiently supported to warrant a change to your discharge given your misconduct, which resulted in NJP for wrongful use of marijuana. 
 
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,