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

Docket No: 5908-19 
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 you did not file your application 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 for Correction of Naval Records, sitting in executive session, considered your application on 26 May 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, and policies. 

Regarding your request for a personal appearance, the Board determined that a personal appearance, with or without counsel, would not materially add to their understanding of the issues involved. Therefore, the Board determined 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 17 February 1993. On 9 June 1994, you received nonjudicial punishment (NJP) for wrongful use of a controlled substance (marijuana).  Subsequently, administrative discharge action was initiated by reason of misconduct due to drug abuse.  After being afforded all of your procedural rights, you elected to submit a statement.  You requested the separation authority give you a general (under honorable conditions) discharge based on your four years of service to the United States, one year in the Navy and prior service in Army National Guard (ANG).  Your commanding officer recommended that you receive an under other than honorable (OTH) conditions discharge.  On 5 July 1994, the separation authority directed your separation from the Navy and on 16 July 1994, you were discharged with an OTH characterization of service. 

The Board carefully weighed all potentially mitigating factors, such as your record of service and assertions that you made a big mistake when you had a lapse in judgment and smoked pot with your friends one night and you had already served in the ANG with an honorable discharge. 
Additionally, since your discharge from the Navy, you received a BA in Mortuary Science and are the owner of a funeral home in    ,   .  The Board applauds your pre-Navy and post-service accomplishments but found that you willfully disregarded the Navy’s policy on illegal substances and as such, you were discharged with the appropriate characterization of service.  The Board found no error or injustice in your separation processing or discharge. 
 
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,


7/24/2020
Executive Director