DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490
             
Docket No: 3692-19  
Ref: Signature Date 

This is in reference to your application of 14 January 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 27 February 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. 

You enlisted in the Navy and began a period of active duty on 18 February 1998.  Your record is incomplete in that it does not contain all the documents pertaining to your misconduct or 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 10 April 2001. 

The Board carefully reviewed your application, weighed all potentially mitigating factors in your case, and considered your contention that you occasionally used marijuana to relieve pain.  Specifically, you explain that you were assaulted by a shipmate with a blow so hard that it crushed the orbital bone surrounding your eye and caused your face to cave in.  After reconstruction surgery on your face and sinus area, you contend you were unable to tolerate the strong pain medication so you dealt with your pain by “self-medicating using over the counter meds when I couldn’t sleep and occasionally using marijuana a couple times to relieve the pain.” After testing positive for marijuana, you contend you tried to ask for a second chance but “there were no exceptions and no appeals since we were getting ready to deploy.” Unfortunately, after careful consideration of your contentions and the advocacy letters submitted on your behalf, the Board did not find evidence of an error or injustice that warrants upgrading your characterization of service. Even under the liberal consideration standard, the Board found that your misconduct warranted an OTH 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, 

3/24/2020