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

Docket No:  9690-19 
Ref: Signature date 

Dear

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.
 
Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel would 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.
 
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 26 February 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, as well as applicable statutes, regulations, and policies. 

You enlisted in the Navy and began a period of active duty on 29 December 1998.  On 15 September 1999, you began an unauthorized absence and were declared a deserter on 15 October 1999.  On 27 October 1999, you received nonjudicial punishment (NJP) for wrongful use of marijuana and your unauthorized absence of 35 days.  Subsequently, administrative action was initiated to separate you from the naval service by reason of misconduct due to drug abuse.  On 27 October 1999, you were advised of, and waived, both your right to counsel and your right to request a hearing before an administrative discharge board (ADB).  After being afforded all of your procedural rights, your case was forwarded to the separation authority for review.  On 3 November 1999, the separation authority concurred with your commanding officer’s recommendation and directed that you be separated with an other than honorable (OTH) characterization of service.  You received an OTH discharge on 12 November 1999.  

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge, and assertions that there was no error in your naval discharge.  The Board also considered your 41 months of combat tours, promotion to E-7, and desire to reenlist in the Army Reserve.  Finally, the Board considered your request for an upgrade for the benefit of your family. 

However, the Board concluded that these factors and assertions were insufficient to warrant a change to your discharge given your misconduct, which resulted in NJP for wrongful drug use and unauthorized absence.  The Board noted your meritorious Army career after administrative discharge from the Navy, and that every service has the ability to waive an adverse discharge for purposes of reenlistment.  Finally, the Board noted you waived your procedural rights in connection with your administrative separation from the naval service.  By doing so, you gave up your first, and best, opportunity to advocate for retention or a more favorable characterization of service.
 
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,