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

Docket No:  5791-19               
Ref: Signature date 

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 6 January 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 and began a period of active duty on 27 October 1998.  On 1 March 2002, the Navy Drug Laboratory reported your test sample positive for marijuana.  Subsequently, administrative discharge action was initiated.  On 1 May 2002, you elected to have an administrative board hear your case.  On 7 June 2002, the administrative board found a basis for administrative separation and recommended you be separated with an Other than Honorable (OTH) characterization of service.  On 12 July 2002, your Commanding Officer (CO) recommended you be separated with an OTH discharge.  The Separation Authority approved your discharge on 12 July 2002.  On 27 September 2002, Nonjudicial Punishment (NJP) was imposed on you for Unauthorized Absence and Failure to Obey a Lawful Order.  You received an OTH discharge on 23 October 2002. 

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and assertions that you accept responsibility for your actions, have had a successful career after the Navy, and desire to accomplish life-long goals of purchasing a home and starting a veteran owned business.  The Board considered your jobs and the fact that you started your own company.  The Board concluded these factors and assertions were not sufficient to warrant a change to your discharge given your misconduct, which resulted in an NJP and an administrative board recommending your separation. 

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, 


3/11/2020