Docket No: 3329-19 
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 29 August 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. 
 
Regarding your request for a personal appearance, the Board determined a personal appearance with or without counsel will not materially add to their understanding of the issues involved.  Therefore, the Board determined 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 duty on 8 July 2010.  You served without disciplinary incident until 31 July 2013 when you received nonjudicial punishment (NJP) for drunken or reckless operation of a vehicle.  On 22 January 2014, you received a second NJP for wrongful use, possession, manufacture, or introduction of a controlled substance.  Your record is incomplete in that it does not contain the documents pertaining to your administrative discharge but, based on your Certificate of Release or Discharge from Active Duty (DD Form 214), it appears that after being afforded all of your procedural rights, the separation authority directed an other than honorable (OTH) discharge by reason of misconduct due to drug abuse.  You were discharged with an OTH characterization of service on 25 June 2014.  On 30 January 2019, the Naval Discharge Review Board upgraded your characterization of service to general, under honorable conditions (GEN). 
 
The Board carefully reviewed your application, weighed all potentially mitigating factors, and considered your contention you were “persecuted for a crime I didn’t commit in the eyes of the law.”  The Board further considered your contention you were a “smart, hardworking, dedicated sailor putting the time in not just during the work day but off the clock as well” and considered your statement that your “current civilian status is a clear reflection of that.”  Additionally, the Board noted your assigned separation code shows you were notified of and waived your procedural rights.  The Board is not an investigative agency, noted you did not submit any supporting documentation, post-service information, or advocacy letters, and did not find sufficient evidence beyond your statement of an error or injustice that warrants upgrading your characterization of service.  Based on your misconduct, the Board determined you were assigned an appropriate characterization of 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.