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

Docket No: 9171-19              
Ref: Signature Date 

This is in reference to your application of 21 September 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 27 November 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, 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 will not materially add to its understanding of the issues involved.  Therefore, the Board determined that 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 4 July 1997.  On 30 November 2009, you were arrested by civilian authorities on charges of transportation and possession of crack cocaine, heroin, and marijuana with the intent to distribute.  On 15 December 2009, you were notified of an administrative action to separate you from the naval service for misconduct- drug abuse (as evidenced by possession with intent).  You waived your right to appear before an administrative separation board.  On 5 January 2010, you were recommended for administrative separation.  The administrative separation package states you 
were arrested by special agents of the               State Police Task Force for transportation of and possession of crack cocaine, heroin, and marijuana with the intent to distribute.  The package states that you voluntarily admitted to civilian law enforcement that you had distributed crack cocaine, heroin, and marijuana since 2008.  You were discharged from the Navy on 25 January 2010, and received an other than honorable characterization of service and a reentry (RE) code of RE-4. 

You request an upgrade to your service characterization.  You contend that you did not appear before a hearing nor did you and appear before a board.  You note that you were separated without any disciplinary action from the Navy or any other military tribunal.  You also state that you have been incarcerated since 10 May 2010. 

The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, including your assertion that you were discharged without a hearing, without a board, or without disciplinary action by the Navy.  The Board noted that you were given the opportunity to appear before an administrative discharge board when you were notified of administrative discharge proceedings against you.  You chose not to contest the basis for separation and elected to waive your right to appear before an administrative separation board.  Furthermore, the Board noted that your administrative separation package indicates that you voluntarily admitted to committing the misconduct of distributing crack cocaine, heroin, and marijuana.  The Board found that your admission of guilt to criminal activity coupled with your waiver of the opportunity to appear before an administrative separation board supported your discharge from the Navy and merited the other than honorable discharge characterization.  The Board concluded that you do not appear to have been deprived of any procedural or due process rights during your administrative separation and that your record does not reflect an error or injustice. 

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,


1/29/2020