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

Docket No: 5123-19               
Ref: Signature date 

This is in reference to your application of 28 March 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 27 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, relevant portions of your naval record, and applicable statutes, regulations, and policies. 

You enlisted in the Navy and began a period of active duty on 22 June 1999.  On 21 May 2002, you received non-judicial punishment (NJP) for the attempted wrongful use of ecstasy.  Subsequently, an administrative action was initiated to separate you from the naval service.  On 22 May 2002, you consulted with counsel and requested an administrative discharge board (ADB).  On 26 July 2002, an ADB found a basis for your administrative separation and recommended you receive an under other than honorable (OTH) characterization of service. On 7 September 2002, your Commanding Officer (CO) recommended you be administratively separated from the Navy with an OTH characterization of service. On 13 September 2002, the separation authority approved your administrative separation with an OTH discharge.  On 20 September 2002, you were so discharged.
 
The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge and your assertions that Military Police interrogated you in a room for two hours, where you broke under the pressure and falsely incriminated yourself.  The Board also considered your assertion that the MPs made you submit a urine sample and no drugs were found.  Finally, the Board considered your work as a chef and your community service in working with the American Legion and Lions Club.  The Board concluded that these factors and assertions were not sufficient to warrant a change to your discharge given your misconduct, which resulted in NJP. 

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, 


12/23/2019