DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490

Docket No: 8264-19  
Ref: Signature date 

This letter 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 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 16 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, as well as applicable statutes, regulations, and policies.
 
You enlisted in the Navy and began a period of active duty on 06 July 2001. In June 2003, you were given permanent change of station (PCS) orders pursuant to your request for a humanitarian transfer.  On 7 June 2003, you provided a sample during a random unit urinalysis.  Later that day, you were arrested by civilian authorities for possession of illegal drugs.  On 23 July 2003, you received nonjudicial punishment (NJP) for wrongful use of a controlled substance (cocaine) and were awarded reduction in rank.  Subsequently, administrative action was initiated to separate you from the naval service by reason of misconduct due to drug abuse.  After being afforded all of your procedural rights, you waived them, and your case was forwarded to the separation authority for review.  Your commanding officer recommended that you be discharged with an other than honorable (OTH) characterization of service, and the separation authority agreed.  On 14 August 2003, you were so discharged. 

You request the Board upgrade your discharge to honorable.  You assert that it has been 15 years since your discharge and the “statute of limitations has been met.” You also indicated you would like your discharge upgraded in order to obtain VA benefits.  Lastly, you stated that you “have not had any bad marks on [your] record as a civilian.” The Board carefully weighed all potentially mitigating factors, such as your record of service and contentions, and concluded that these factors were insufficient to warrant a change to your discharge, given your misconduct.  Further, 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, 

1/16/2020