Dockrt No: 4974-19 
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 28 August 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, and applicable statutes, regulations, policies.   
 
You enlisted in the Navy on 31 May 2001.  On 10 October 2001, you received a retention warning after missing two mornings of physical training and failing to obey an order.  On 23 April 2002, you received nonjudicial punishment (NJP) for an unauthorized absence and being incapacitated and unable to perform your duties due to wrongful indulgence in alcohol.  On 10 June 2004, you received a second NJP for wrongful use and possession of marijuana.  Your record is incomplete in that it does not contain all the documents pertaining to your administrative discharge.  Specifically, your notice of pending administrative separation action, acknowledgement of your rights, and your commanding officer’s recommendation are not in your record but are referenced in the discharge authority’s message directing discharge with an OTH characterization of service by reason of misconduct due to drug abuse.  On 21 June 2004, you received an OTH discharge. 
 
The Board carefully reviewed your application, weighed all potentially mitigating factors, and considered your contention that you were suffering “severe mental and emotional distress” at the time of your misconduct.  The Board considered the deaths of your father and grandfather and your contention you were “too young and not equipped with the coping skills to handle the loss of the only two male role models” you had in life.  The Board also considered the advocacy letters submitted on your behalf by your work supervisor, mother, sibling, and grandmother. Unfortunately, after careful consideration of your contentions, the Board did not find evidence of an error or injustice that warrants upgrading your characterization of service or sufficient evidence to warrant clemency.  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 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,