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

Docket No: 8525-19 
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 you did not file your application 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 28 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, and applicable statutes, regulations, and policies.

You enlisted in the Navy and began a period of active duty on 27 June 1994. On 10 April 1997, you received nonjudicial punishment (NJP) for unauthorized absence and failure to obey lawful orders. You were advised that failure to take corrective action could result in administrative separation or judicial proceedings. On 2 September 1997, you received a second NJP for wrongful use of a controlled substance 
(methamphetamine). On 16 September 1997, administrative discharge action was initiated by reason of misconduct due to a pattern of misconduct. Your commanding officer recommended that you be discharged with an other than honorable (OTH) characterization of service, and the separation authority approved your separation from the Navy. On 27 September 1997, you were discharged with an OTH characterization of service.

You request that the Board upgrade your characterization of service to general (under honorable conditions). You assert that you were misled to believe that you were taking performance- enhancing drugs to improve your physical performance, and that, although your supervisor (a petty officer) gave you illegal drugs and then threatened you at gunpoint, you did not tell the officer representing you during your administrative separation. You state your performance in the Navy was always exemplary and motivated, you served with integrity and devotion to your country and branch, this mistake cost you dearly, and you have regretted it since. Lastly, you state that, since your discharge, you have had no issues with drugs, never been in jail, graduated from truck-driving school, and are involved with the PTA and Booster club at your daughter’s school.

The Board carefully weighed all potentially mitigating factors, such as your record of service, post-service conduct and accomplishments, and desire to upgrade your discharge, as well as your contentions but concluded that these factors were not sufficient to warrant a change to your discharge given your repeated misconduct, which resulted in two NJPs, one of which occurred even after you were warned about the potential for administrative separation and which involved your use of methamphetamine. The Board noted that you provided no evidence to support your contentions. Absent such evidence, the Board relied upon the presumption of regularity and presumed that the officials acted in accordance with governing law and policy and in good faith. The Board thus concluded that there is no probable material error or injustice in your record warranting corrective action.

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 a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material error or injustice.

Sincerely,