Docket No: 9862-19
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 relevant portions of your naval record and your application, 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.     
 
A three-member panel of the Board, sitting in executive session, considered your application on 16 September 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, and applicable statutes, regulations, and policies. 
 
You enlisted in the Navy and began a period of active duty on 17 December 1991.  You received nonjudicial punishment (NJP) on 28 March 1994, for wrongful use of marijuana.  On 1 April 1994, you were notified of administrative separation proceedings against you on the basis of drug abuse.  You waived your right to appear before an administrative separation board.  Your Commanding Officer recommended that you receive an other than honorable (OTH) discharge.  On 18 April 1994, you were discharged on the basis of misconduct and received OTH discharge and a reentry (RE) code of RE-4.  On 21 September 1995, the Naval Discharge Board notified you that it found your discharge proper as issued and had determined that no change was warranted. 
 
In your petition to the Board, you request an upgrade to your other than honorable discharge.  You contend that an upgrade is appropriate for your tenure in the Navy.  You state that you consistently strived for military excellence.  You assert that during Captain’s Mast you were not offered counseling or an evaluation to determine your mental state.  You state that you were only discharged because at the time you were heading to sea.  You also assert that you found out your mother was a drug addict and your great grandmother was awarded custody of your younger siblings.  You provide a personal statement in which you note you received a call from your 14-year-old sister stating that your grandmother passed away on 7 April 1994, you received NJP on 10 April 1994, and your grandmother’s funeral was on 11 April 1994.  You also state that you had tendonitis and could no longer exercise at a high level; you began to self-medicate.   
 
The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, including your assertions that you were facing significant personal stressors with your family situation and you had a medical condition which caused you to self-medicate.  The Board noted the timeline you provided, but found that your service record reflects an NJP held on 28 March 1994, instead of April 1994.  The Board also noted that your available service record does not contain medical information to corroborate your statement regarding medical struggles.  The Board found that absent additional information to support your statements about your personal struggles at the time of your misconduct and your in-service medical conditions, there was insufficient evidence to warrant an upgrade to your other than honorable discharge.  The Board was sympathetic to the information in your personal statement but found there was not enough evidence to support an upgrade.  
 
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,