Docket No: 3893-19 
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 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, as well as applicable statutes, regulations, and policies. 
 
You enlisted in the Navy and began a period of active duty on 20 February 2008.  On 18 December 2009, you received nonjudicial punishment for wrongful use of marijuana.  Subsequently, you were notified of pending administrative separation action by reason of misconduct due to drug abuse.  After you waived your procedural rights, your commanding officer (CO) recommended that you be discharged with an other than honorable (OTH) characterization of service by reason of misconduct due to drug abuse.  The discharge authority concurred with the CO’s recommendation and directed an OTH discharge by reason of misconduct.  On 16 June 2010, you received an OTH discharge. 
 
The Board carefully reviewed your application, weighed all potentially mitigating factors such as your youth and immaturity, and considered your contention that your record is unjust because “it was your first and only offense” and “it eliminates all my accomplishments while serving.”  The Board also considered your advocacy letters from the retired sergeant major, a training classmate, and your wife.  Unfortunately, after careful consideration of your contentions, the Board did not find evidence of an error or injustice that warrants upgrading your characterization of service.  The Board, noting your remorse and regret and even applying liberal consideration, determined 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.