Docket No: 6346-19 
Ref: Signature Date 
 

Dear : 
 
This is in reference to your application of 12 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 27 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, 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 will not materially add to its understanding of the issues involved.  Therefore, the Board determined that 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 22 August 1995.  On 26 March 1998, you received non-judicial punishment (NJP) for wrongful use of a controlled substance.  You were notified of administrative separation proceedings against you on 27 March 1998, and you subsequently waived your right to appear before an administrative separation board.  On 30 March 1998, your Commanding Officer (CO) recommended that you receive an other than honorable characterization.  On 8 May 1998, you were discharged from the Navy on the basis of misconduct due to drug abuse, and received an other than honorable characterization of service and a reentry (RE) code of RE-4.  On 30 January 2002, Naval Discharge Review Board (NDRB) reviewed your request for an upgrade to your discharge characterization.  NDRB found the discharge proper as issued, and notified you of its decision on 14 February 2002. 
 
In your application to the Board, you request an upgrade to your characterization of service from other than honorable to honorable.  You state that you admitted to your battalion that you used THC and had a problem in refusing it when it was offered to you.  You contend that you were discharged without being offered any type of drug rehabilitation. 
 
The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, including your contention that you were struggling with drug abuse.  The Board noted that you did not indicate whether you made your disclosure of wrongful use of THC before or after you tested positive on a urinalysis.  Furthermore, the Board noted that you did not present your case to an administrative separation board.  The Board found that even in consideration of your claim that you were not afforded drug rehabilitation, you did not provide sufficient evidence to establish that you sought and were denied appropriate treatment before your discharge.  The Board concluded that the seriousness of your misconduct of wrongful use of a controlled substance while in an active status supported your other than honorable characterization.  The Board found that your record does not reflect an error or injustice that merits corrective action. 
 
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.