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

Docket No: 6020-19                                                            
Ref: Signature Date 


This is in reference to your application of 4 June 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 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 23 July 1995.  On 25 September 1995, you began a period of unauthorized absence (UA) that continued until 17 October 1995.  On 2 November 1995, you received nonjudicial punishment (NJP) for UA. You were awarded forfeiture of pay, restriction, extra duties, and reduction in rank (which was suspended for 6 months).  On 30 March 2001, you received a second NJP for failure to obey a lawful order. You were UA again from 25 to 28 May and 6 to 27 June 2001.  On 29 June 2001, you received a third NJP for UA and wrongful use of a controlled substance, methamphetamine.  You were awarded forfeiture of pay, restriction, extra duties, and reduction in rank to E-3.  On 16 July 2001, administrative action to separate you from the naval service was initiated by reason of misconduct due to drug abuse, commission of a serious offense, and pattern of misconduct.  After being afforded all of your procedural rights, you waived them, and your case was forwarded to the separation authority for review. Your commanding officer recommended that you receive an under other than honorable (OTH) characterization of service and the separation authority approved your separation from the Navy.  On 15 August 2001, you were discharged with an OTH characterization of service for misconduct. 

You have requested that the Board upgrade your discharge.  You ask that the Board consider your record prior to your discharge and your conduct in the years after your discharge.  You assert that while on active duty you served on two ships and were promoted to E-5.  After your discharge, you became a marine electrician and a foreman, completed two substance abuse programs.  You are active in the recovery community, including leading three Alcoholics Anonymous (AA) AA meetings a week.
  
The Board carefully weighed all potentially mitigating factors in your case, including your record of service and contentions and concluded that these factors were insufficient to warrant a change to your discharge given your misconduct that resulted in three NJPs, including one for drug abuse.  With respect to your contentions, the Board noted that your service prior to your drug abuse included being UA for a total of 45 days, and disobeying orders.  Additionally, the Board noted you were promoted to the rank of E-5; however, you were reduced in rank to E-3.  Lastly, the Board commends your post-service accomplishments. 
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, 

12/9/2019