Docket No: 4039-19 
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 12 January 1998. On 14 July 1999, you received non-judicial punishment (NJP) for wrongful use of a controlled substance-marijuana.  On 22 July 1999, your commanding officer recommended your discharge with an other than honorable (OTH) characterization of service by reason of misconduct-drug abuse.  On 26 July 1999, the separation authority concurred with your commanding officer and directed your discharge.  On 9 August 1999, you were discharged with an OTH characterization of service by reason of misconduct-drug abuse. 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge.  You state that you were discharged for testing positive in a urinalysis.  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 concluded that your discharge is proper as issued. 

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.