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

Docket No: 4155-19               
Ref: Signature date 

Dear 

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. 

Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel would not materially add to its understanding of the issues involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 

You enlisted in the Navy and began a period of active duty on 27 July 1999.  On 30 November 1999, you were medically screened and determined to be alcohol dependent.  On 4 January 2000, you accepted Level-II intensive outpatient treatment, which you completed on 24 February 2000.  On 5 January 2000, you received nonjudicial punishment (NJP) for underage drinking, failure to go to your appointed place of duty, and unauthorized absence.  Two months later, on 8 March 2000, you received NJP for wrongful use of marijuana.  Subsequently, administrative action was initiated to separate you from the naval service by reason of misconduct due to commission of a serious offense and drug abuse. On 11 April 2000, an administrative board found a basis for your separation based on the aforementioned misconduct, but recommended that you be retained in the naval service. On 11 May 2000, your commanding officer concurred and recommended your retention.  On 30 May 2000, the Chief of Naval Personnel recommended you be separated with a General (under honorable conditions) (GEN) characterization of service. 

On 11 July 2000, the Assistant Secretary of the Navy (Manpower and Reserve Affairs) approved your administrative separation.  You received a GEN discharge on 3 August 2000. 

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your reentry code and your assertions that much time has passed and you are an entirely different person from the one who made “a few stupid and childish decisions” when you were young.  The Board also noted the several personnel who recommended that you be retained in the Navy. However, the Board concluded that these factors and assertions were insufficient to warrant a change to your discharge given your misconduct, which resulted in two NJPs. 

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