Docket No: 3994-19 Ref: Signature Date 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 11 June 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 service on 22 October 2001. On 27 January 2004, you received non-judicial punishment (NJP) for unauthorized absence (UA), and wrongful use of a controlled substance-cocaine. On the same day, you were notified of the initiation of administrative separation proceedings by reason of misconduct-drug abuse, at which point, you waived counsel and your procedural rights. On 12 February 2004, your commanding officer recommended you be discharged with an other than honorable (OTH) characterization of service by reason of misconduct-drug abuse. On 23 February 2004, the discharge authority approved and directed your discharge with an OTH characterization of service by reason of misconduct-drug abuse. On 1 March 2004, you were discharged. The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and contention of outstanding service in the Navy. You state that you had just returned from a 10-month deployment, were overworked, tired, and lonely. You made a very poor decision that you have regretted your entire life. You claim that you only used drugs one time and that the results of your urinalysis test showed very low levels of drug use. You state that this was the only problem you had in service. The Board also reviewed the materials that you submitted with your application. After careful consideration of your contentions, the Board did not find evidence of an error or injustice that warrants upgrading your 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.