Docket No: 6484-19 
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 21 October 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 8 August 2012.  You served for over three years without a disciplinary incident, and your evaluations for the first period of your enlistment state you were a technical expert, you exemplified the attributes of an exceptionally reliable supervisor, and that you consistently performed at the level of a seasoned second class petty officer.  On 24 November 2015, you received nonjudicial punishment (NJP) for violating Article 92 (failure to obey an order or regulation) and Article 112a (wrongful possession, use, or distribution of a controlled substance) of the Uniform Code of Military Justice.  Administrative separation proceedings were initiated against you for wrongful use of a controlled substance.  On 12 February 2016, you were discharged from the Navy on the basis of misconduct (drug abuse), received an other than honorable characterization of service, and a reentry (RE) code of RE-4. 
 
You request an upgrade to your characterization of service from other than honorable to honorable to reflect the Department of Veterans Affairs (VA) determination that your service was honorable for VA purposes.  You state that you only had one incident during your enlistment, and your actions do not rise to the level of willful and persistent misconduct.  You note that your offense was not one of moral turpitude and note that you were under a lot of stress at the time of your misconduct. 
 
The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, including your admirable performance prior to your NJP and your request that your personal stress at the time of your misconduct be taken into consideration.  The Board found that seriousness of the use of a controlled substance while in an active duty status could not be overcome by your performance before the NJP.  Additionally, even though you only had one instance of misconduct, the Board found that the nature of your actions was such that an other than honorable characterization of service is appropriate.  The Board considered that VA has determined that your military service from 8 August 2012 through 12 February 2016 is honorable for VA purposes, but found that the VA’s findings are not binding on the Navy and do not mitigate the seriousness of wrongful use of a controlled substance.  Accordingly, the Board found that your current discharge characterization was issued without error or injustice. 
 
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,