Docket No. 3268-21
Ref: Signature Date

Dear  
 
This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code.  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 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  3 June 2021.  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.   
 
A review of your record shows that you entered active duty with the Navy in February 2015 and served without incident until May 2020 when you tested positive for wrongful marijuana use.  Non-judicial punishment was imposed on you for your drug abuse on 9 July 2020 and you were notified of administrative separation processing on 11 August 2020.  You were discharged on 29 September 2020 for drug abuse with a General characterization of service.  You provided evidence of a domestic violence restraining order between you and your wife on 13 April 2021. 
 
The Board carefully considered your arguments for a change to your narrative reason for separation and an upgrade to your characterization of service.  You raise mitigation arguments stating your family requires your help and assert experiencing other medical issues while on active duty.  Unfortunately, the Board did not agree with your rationale for relief. 
 
After reviewing the evidence in your case, the Board determined insufficient evidence exists to change your narrative reason for separation or characterization of service.  The Board found evidence to support your drug abuse discharge based on the positive urinalysis for marijuana use and your non-judicial punishment of 9 July 2020.  Further, the Board determined your characterization of service remains appropriate based on your record of honest and faithful service that was outweighed by significant negative aspects related to your drug abuse. The Board considered your mitigation evidence but felt it was insufficient to grant you the relief you seek.  The Board felt that you already received some benefit for mitigation from the Navy when they assigned you a General characterization of service for misconduct that normally merits an Other than Honorable characterization.  Accordingly, the Board found insufficient evidence of error or injustice to warrant a change to your record.   
 
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,    


6/7/21
Deputy Director