DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 6515-19 Ref: Signature Date 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 2 December 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, 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 16 August 1999. On 19 August 2000, you received non-judicial punishment (NJP) for wrongful use of a controlled substance. You were awarded restriction and reduction in rank. Subsequently, administrative action to separate you from the naval service was initiated for misconduct due to drug abuse. Your record is incomplete in that it does not contain all of the documents pertaining to your administrative discharge. Based on your Certificate of Release or Discharge from Active Duty (DD Form 214), on 12 September 2000, you were discharged with an under other than honorable (OTH) characterization of service. You request that the Board upgrade your discharge to honorable. You assert that you were unaware that you could seek change in status and you would like the benefits that you deserve as a veteran. In support of your petition, you attached a personal statement. You wrote that you joined the Navy at 20 years old because you had a wife and child to support. You graduated third in your boot camp class and did well in “A” school. You were stationed on the USS and departed for 6-month tour doing counter-drug operations. On the first night in a Sailor was robbed and beaten. As a result, you could not leave base alone. You gave an example that in order to use an ATM machine “it took 4 Sailors, one to use the machine while the other 3 stood guard.” You stated that alcohol became an issue, and you drank every day, but soon it was not enough to numb the fear. A Coast Guard member on your ship made drugs easy to get and introduced you to drugs and your life spiraled out of control. You were drug tested, went to Captain’s Mast, and sent to detention for 2 months. After your discharge, you got treatment, have been employed, married, and have a daughter in college and a 17 year old son. You stated you were unaware there was any sort of treatment or counseling available, and you were not offered any. The Board carefully weighed all potentially mitigating factors in your case, including your record of service and contentions and concluded these factors were not sufficient to warrant a change to your discharge given your misconduct of drug abuse. The Board noted that you provided no evidence to support your contentions. Absent of such evidence, the Board relied upon the presumption of regularity and presumed that the officials acted in good faith in accordance with governing law and policy. The Board noted your post-service accomplishments; however, there is no provision of law or in Navy regulations that allows for recharacterization of service due solely to the passage of time. 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, 1/5/2020