Docket No:  7685-19 
Ref: Signature date 
 

Dear : 
 
This is in reference to your application of 30 July 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 21 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, together with all material submitted in support thereof, relevant portions of your naval record, and applicable statutes, regulations, and policies. 
 
You enlisted and began a period of active duty in the Navy on 17 September 2002.  On 10 July 2003, you received non-judicial punishment (NJP) for unauthorized absence, and wrongful use of marijuana.  Subsequently, administrative discharge action was initiated for misconduct due to a serious offense and drug abuse.  On 10 July 2003, you waived your right to consult with counsel and your right to present your case to an administrative discharge board.  After being afforded all of your procedural rights, your case was forwarded to the separation authority for review.  You Commanding Officer (CO) recommended that you receive an other than honorable (OTH) discharge due to misconduct.  On 14 July 2003, the separation authority concurred with your CO’s recommendation and directed that you be separated with an OTH discharge.  On 29 July 2003, you were so discharged. 
 
The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge and assertion that you received Navy medical treatment for possible cervical cancer, and wanted a second opinion with your own provider.  The Board also considered your assertions that you became intimidated overwhelmed, apprehensive, confused, defeated, and helpless.  You assert that you believed you had no options and made up a story that you used marijuana so you would be released from active duty.  You contend that a navy drug test that you took when you returned from your unauthorized absence was negative thus bolstering your contention.  Finally, the Board considered your assertion that there was no one to whom you could confide.  The Board concluded these factors and assertions were not sufficient to warrant a change to your discharge given your misconduct, which resulted in NJP for wrongful drug use and unauthorized absence.   
 
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.