DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490
             
Docket No: 4253-19  
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 26 March 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. 

Regarding your request for a personal appearance, the Board determined a personal appearance with or without counsel will not materially add to their understanding of the issues involved.  Therefore, the Board determined 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 14 August 1997.  On 11 February 1999, you received nonjudicial punishment for wrongful use of marijuana, assault consummated by a battery, and communicating a threat.  Your record is incomplete in that it does not contain the notification of pending administrative separation action, but a review of the record indicates you elected your right to an administrative discharge board (ADB).  The date is not recorded, but the ADB determined the preponderance of the evidence supported a finding of misconduct and recommended that you be separated from the Navy with an other than honorable (OTH) characterization of service. Your Commanding Officer (CO) recommended the misconduct findings of the ADB be approved but that the recommendations be disapproved, allowing for your retention in the naval service. The discharge authority did not concur with the CO’s recommendation and directed that you be discharged by reason of misconduct with an OTH characterization of service. On 2 September 1999, you were discharged. 

The Board carefully reviewed your application, weighed all potentially mitigating factors, and considered your contention that you “never tested positive for drugs” during your enlistment.  Additionally, the Board considered your CO’s recommendation and comments during the administrative separation process.  Unfortunately, after careful consideration of your contention, 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 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, 

4/20/2020