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

Docket No: 9822-19              
Ref: Signature Date 

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 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. 

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 30 July 1997.  On 3 December 1999, you received nonjudicial punishment (NJP) for wrongful use of a controlled substance and failure to obey an order or regulation.  On 15 December 1999, you were notified of administrative separation proceedings against you, and subsequently waived your right to appear before an administrative separation board.  On 15 December 1999, your commanding officer recommended that you be separated from the naval service with an other than honorable (OTH) characterization of service on the basis of Misconduct-Commission of a Serious Offense.  On 30 December 1999, you received and OTH discharge and an RE-4 reentry code. 

In your petition to the Board, you ask for an upgrade to your characterization of service and contend that the discharge you received was unfair.  You provide information about your personal circumstances at the time of your military service, to include that your daughter was born at 26 weeks and was in the neonatal intensive care unit (NICU) for four months, and you felt you needed to be there with her.  You contend that while your daughter was in the NICU, both you and your wife received sea duty orders. You asked your chain of command for an extension of shore duty and panicked when you were told you would have to go to sea duty.  You state you intentionally failed a urinalysis and were not allowed to explain the situation. 

The Board, in its review of your entire application, carefully weighed all potentially mitigating factors, including your youth and the early birth of your daughter.  The Board reviewed your claim that you were not allowed to explain yourself, but noted that you did not appear to have appealed your NJP nor did you avail yourself of the right to appear before an administrative separation board.  Both avenues were available to you in order to provide an explanation for your misconduct of wrongful use of a controlled substance.  The Board found that your other than honorable discharge was executed without injustice or error, and that your characterization of service was supported by the misconduct documented by the 3 December 1999 NJP. 

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, 

2/3/2020