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

Docket No: 3680-19               
Ref: Signature date 

This letter 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 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 25 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, 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 duty on 23 August 1994.  On 10 February 1995, you received nonjudicial punishment (NJP) for disorderly conduct.  On 8 May 1995, you received NJP for unauthorized absence (UA).  On 20 July 1996, you received NJP for wrongful use of marijuana.  Subsequently, administrative action was initiated to separate you from the naval service by reason of drug abuse.  On 25 July 1996, you were advised of, and waived, your procedural rights, including your right to consult with or be represented by counsel or request to have your case heard before an administrative discharge board (ADB).  On 30 July 1996, your commanding officer (CO) recommended that you be administratively separated with an other than honorable (OTH) characterization of service.  On 6 August 1996, the separation authority approved your administrative discharge with an OTH characterization.  On 3 October 1996, while pending administrative separation, you received your fourth NJP for UA.  You received an OTH discharge on 18 October 1996.  On 1 May 2002, the Naval Discharge Review Board (NDRB) denied your application to upgrade your characterization of service. 

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and your assertions that you had just learned about your parent’s divorce, your mother’s battle with lupus, your own failing marriage and your grandfather’s death.  The Board also considered your contention that you were in the process of applying for a hardship discharge due to unwanted stress and hypertension and you served your country proudly.  However, the Board concluded these factors and assertions were insufficient to warrant a change to your discharge, given your misconduct which resulted in four NJPs.  The Board also noted that you waived your rights to an ADB.  By doing so, you gave up your first, and best, opportunity to advocate for retention or a more favorable 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. 

Sincerely,

 
12/31/2019