Docket No. 7964-19
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 of record was insufficient to establish the existence of probable material error or injustice, or to justify equitable relief.  Consequently, your application has been denied.      
 
Although your application was not filed in a timely manner, the Board found it to be 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 12 August 2020.  The names and votes of the panel members 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 30 March 1999.  On 31 January 2000 you received non-judicial punishment (NJP) for the wrongful use of a controlled substance in violation of Article 112a, Uniform Code of Military Justice (UCMJ).  By memorandum dated 4 February 2000, you appealed your NJP based upon your assertion that the controlled substance entered your body as second-hand smoke, but your appeal was denied.  On 14 March 2000, you received NJP for breaking restriction in violation of Article 134, UCMJ, failure to obey a regulation by possessing and consuming alcohol onboard a naval vessel in violation of Article 92, UCMJ, and insubordinate conduct toward a petty officer in violation of Article 91, UCMJ.   
 
On 27 March 2000, you were notified that you were being processed for an administrative discharge for misconduct based upon your commission of a serious offense and drug abuse.  You elected to exercise your right to consult with counsel and to present your case to an administrative separation (ADSEP) board.  The ADSEP board convened on 25 April 2000, at which you were represented by a Navy Judge Advocate.   Upon the conclusion of the presentation of evidence, the ADSEP board unanimously found that you committed the misconduct alleged and recommended that you be discharged from the Navy under other than honorable (OTH) conditions.  Pursuant to the board’s recommendation, on 12 May 2000 you were discharged from the Navy under OTH conditions for misconduct and assigned an RE-4 reentry code.  On 25 October 2007, the Naval Discharge Review Board reviewed your discharge and granted no relief.   
 
The Board carefully weighed all potentially mitigating factors in your case.  These included, but were not limited to, your assertion that you served your country for almost two years without any misconduct; that you were not offered any assistance or support from your supervisor and that with such support your career may have continued; that as a young man you made mistakes which you now deeply regret; that you have been a member of the for several years and a mentor to young adults; and that you work for the and have been promoted several times up to supervisor.  Unfortunately, the Board found that your contentions and the mitigating factors were insufficient to warrant upgrading your discharge or granting other relief in your case.  Specifically, the Board noted, contrary to your contention, that you served just under 14 months in the Navy, and that you received NJP twice during that period for serious misconduct.  The Board also found that a discharge under OTH conditions is generally warranted when a Sailor is discharged for misconduct of the type you committed.  Accordingly, the Board found no error or injustice in the characterization of your discharge that would warrant the relief requested. 
 
In addition to reviewing your case for error or injustice, the Board also considered whether equitable relief is appropriate under the circumstances.  In this regard, the board applied the guidance provided by the Under Secretary of Defense for Personnel and Readiness (“Guidance to Military Discharge Review Boards and Boards for Correction of Military/Naval Records Regarding Equity, Injustice, or Clemency Determinations,” 25 July 2018) in its review of your case.  Even considered in light of this guidance however, the Board determined that equitable relief is not warranted at this 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 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 correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material error or injustice. 

Sincerely,