Docket No: 4265-19 
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 25 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 on 22 May 1999.  In a message dated 4 April 2002, the command was advised you had tested positive for marijuana use. (Your record is incomplete in that it does not contain documentation for an 8 April 2002 nonjudicial punishment (NJP) but the commanding officer’s (CO) recommendation for administrative separation does state he had taken you to “Captain’s Mast twice for violation of the UCMJ Art 112a.”) Subsequently, on 8 April 2002, you were notified of pending administrative separation action by reason of misconduct due to drug abuse, and you elected an administrative discharge board (ADB).  On 18 April 2002, you received NJP for wrongful use of a controlled substance.  (Your record is incomplete in that it does not contain NJP documentation but it is listed on the CO’s recommendation for administrative separation and later on 11 June 2002 when the punishment you received at NJP on 18 April 2002 was vacated.)  In his recommendation, the CO stated you waived your ADB “after the second mast” but the record does not contain a revised notice of administrative separation.  Your CO recommended you be discharged with an other than honorable (OTH) characterization of service due to misconduct.  The discharge authority approved this recommendation and directed discharge with an OTH characterization of service by reason of misconduct due to drug abuse.  On 28 June 2002, you received an OTH discharge. 
 
The Board carefully reviewed your application, weighed all potentially mitigating factors, and considered your contention that you were unjustly discharged.  Specifically, the Board considered your contention that you voluntarily sought medical assistance regarding stress and depression and were referred to a psychiatrist who was made aware of your “self-medication.”  You contend your command was aware of your medical visit and, shortly after, issued a urinalysis even though they knew your situation.  You also state the command did not “ask if I was ok” or offer any assistance.  The Board also considered your contention that your first urinalysis was positive with “extremely high levels” and, a month later, you were tested again and it was “positive but levels extremely low.” You further contend you were discharged “without proper care for rehabilitation.”  Lastly, the Board considered the resume you submitted which reflects your post-service accomplishments. 
 
In its review, the Board noted your record only contained one urinalysis so there was insufficient evidence to support your contention that your levels decreased between the first and second urinalysis.  The Board also noted your record does not contain NJP documentation or a revised administrative separation notification but the Board presumed regularity in the handling of your case based on the entire record, specifically the CO’s recommendation, which explains the circumstances of your misconduct in detail.  The Board noted the discharge authority’s message directed the command to offer “appropriate treatment prior to separation” if the member “is drug/alcohol dependent” and determined there was insufficient evidence in the record or submitted with your request for consideration to overcome the presumption you were appropriately offered treatment, if required.  The Board commends your post-service accomplishments. However, even applying liberal consideration, the Board determined there was insufficient evidence in the record to attribute your misconduct and drug abuse to a mental health condition.  In the end, the Board determined there was insufficient evidence to establish an error or injustice that warrants an upgrade to 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. 
 
                                                                              
Sincerely,