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

Docket No:  4556-19 
Ref: Signature date 

Dear

This letter is in reference to your application of 13 April 2019 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 2 December 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, and applicable statutes, regulations, and policies.
 
Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their 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 11 April 2000. On 2 April 2001, you signed a statement that admitted that you purchased and smoked marijuana. You also provided to the Board your mother’s notes of your discussions with her.  The entry for 25 March 2001 states that when asked why you were getting a bad discharge you stated that you “had smoked a joint with a navy friend and the friend came up positive for marijuana.” On 11 April 2001, you received non-judicial punishment (NJP) for wrongful use of a controlled substance.  Subsequently, you were notified of administrative action to separate you from the naval service for misconduct due to commission of a serious offense and drug abuse.  On 30 April 2001, after consulting with legal counsel, you waived your right to be represented by counsel and present your case to an administrative discharge board (ADB).  On 3 May 2001, you were medically screened and determined to be alcohol dependent, but you declined treatment.  On 11 May 2001, you requested to revoke your wavier of an ADB, but your request was denied as untimely.  On 23 May 2001, your commanding officer (CO) recommended that you be separated with an other than honorable (OTH) characterization of service.  On 24 May 2001, the separation authority directed that you be separated with an OTH characterization of service for drug abuse.  On 25 May 2001 you were so discharged. You petitioned the Naval Discharge Review Board (NDRB) to review your characterization of service and, on 27 November 2002, the NDRB denied your petition and determined that your “discharge characterization accurately reflects [your] service to [your] country,” and was proper as issued and that no change was warranted. 

The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge, and assertions that there was no evidence against you other than a verbal admission made under duress.  The Board considered your assertions that you smoked an all-herbal substance called alternative marijuana, which contains no THC. The Board also considered your assertions that you were told to sign a confession, were worn down emotionally and feared for your life.  Finally, the Board considered your assertions that you were a young, inexperienced sailor who had not been in a lot of trouble in the military or civilian world.  However, the Board concluded that these factors and assertions were insufficient to warrant a change to your discharge given your misconduct, which resulted in an NJP for drug abuse.  

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,