Docket No: 6279-19 
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  
19 October 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. 
  
You enlisted in the Navy and began a period of active duty on 10 January 1994.  On 22 September 1994, you received nonjudicial punishment (NJP) for wrongful use of marijuana.  On 7 December 1994, you were convicted by summary court-martial (SCM) of going from your appointed place of duty, disrespect towards a commissioned officer, disobeying a lawful order from a commissioned officer, and uttering 21 checks with insufficient funds.  On 6 January 1995, you were notified of administrative discharge action by reason of misconduct due to drug abuse and commission of a serious offense.  After being afforded your procedural rights, you consulted with counsel and elected to waive your right to have your case heard before an administrative discharge board.  On 11 January 1995, a dependency evaluation determined you did not have a drug or alcohol problem.  On 12 January 1995, your case was forwarded to the separation authority (SA) with a recommendation that you receive an other than honorable (OTH) characterization of service due to misconduct.  On 23 January 1995, the SA approved the recommendation, and on 3 February 1995, you were discharged from the Navy with an OTH characterization of service.   
  
The Board carefully weighed all potentially mitigating factors, such as your record of service, and desire to have your characterization of service upgraded.  The Board also considered your assertions that your discharge was due to an isolated incident, which involved racial undertones. You further assert that you were very young and just wanted to serve your country in a military capacity; one event ended your military career without fair and just due process; and unfortunately, you did not know how to effectively appeal your discharge at that time.  The Board concluded these factors and assertions were not sufficient to warrant a change to your characterization of service, or changing the reason for your discharge given your misconduct, which resulted in NJP for wrongful drug use, and a SCM conviction for serious offenses.  Further, the Board noted that with regard to due process, the record also shows you elected to consult with legal counsel, you waived your right to an administrative board, you waived your right to submit a statement in your own behalf, and elected to obtain copies of documents that were to be forwarded to the separation authority supporting the basis for your separation. 
 
In reviewing your separation and characterization of service, the Board considered the totality of the circumstances to determine whether relief is appropriate today in the interests of justice in accordance with guidance provided by the Under Secretary of Defense for Personnel and Readiness (Wilkie Memo of 25 July 2018).    However, even in light of the USD Memo, the Board still concluded given the totality of the circumstances, your request does not merit relief. 
 
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,