Docket No: 5710-19 
 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 20 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, 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 and began a period of active duty on 6 July 2001.  On 16 December 2001, you transported two  from  without their parents’ permission.  On 17 December 2001, you began a period of unauthorized absence (UA) that continued until you surrendered on 19 December 2001.  You were UA again from 3 January 2002 until you surrendered on 10 January 2002.  You were UA again from 11 January 2002 until 15 January 2002 until you surrendered.  At that time, you admitted to multiple instances of marijuana use during your UA periods.  You were UA again on 23 January 2002 and were apprehended.  On 28 January 2002, you were pending charges for UA, insubordination, failure to obey lawful orders, false official statement, and wrongful use of a controlled substance (marijuana).  After consulting with counsel, you admitted guilt to all charges and requested a good of the service separation in lieu of trial by court-martial (GOS/SILT).  In a statement you submitted with your  request you wrote:  “I decided to continue to use marijuana because I figured I was already hit for it.  So, what’s the difference.  When I was supposed to return from leave, I decided not to because I didn’t feel like it.  When I 
did come back, I decided to leave again because I didn’t feel like being here.”  On 7 February 2002, the Trial Counsel reviewed your request and recommended that you be discharged with an other than honorable (OTH) characterization of service.  On 12 February 2002, your request was approved.  On 27 February 2002, you were separated with an OTH discharge. 
 
You request the Board upgrade your discharge to honorable.  You assert your record is unjust because currently, in your home state of , it is legal to use marijuana for medicinal purposes.  The Board carefully weighed all potentially mitigating factors, such as your record of service and contentions and concluded that these factors were not sufficient to warrant a change to your discharge given your misconduct.   
 
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.