Docket No: 5540-21 
          
Dear Petitioner: 
 
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.     
 
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 6 October 2021.  The names and votes of the panel members 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 the 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, to include the 25 July 2018 guidance from the Under Secretary of Defense for Personnel and Readiness regarding equity, injustice or clemency determinations (Wilkie Memo). 
 
The Board determined that your personal appearance, with or without counsel, would not materially add to their 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 service on 22 June 1998.  On 30 July 2001, you were convicted at a summary court martial (SCM) for unauthorized absence (UA) from 4 February 2001 to 3 June 2001, and wrongful use of marijuana.  As a result of the foregoing, on 4 September 2001, you were notified of the initiation of administrative separation proceedings by reason of misconduct due to drug abuse, and misconduct due to the commission of serious offense.  On the same day, you waived your right to consult with counsel, and review of your case by an administrative discharge board (ADB).  On 18 September 2001, your commanding officer recommended your discharge, with an other than honorable (OTH) characterization of service.  On 10 October 2001, you were separated from naval service with an other than honorable (OTH) characterization of service by reason of misconduct due to the commission of a serious offense. 
 
The Board carefully considered all potentially mitigating factors to determine whether the interests of justice warrant relief in your case in accordance with the Wilkie Memo.  These included, but were not limited to, your desire to upgrade your characterization of service to honorable, and your contentions that:  (a) you were not weened off opiates after receiving surgery, and you sought assistance from a psychiatrist; (b) you felt you had no one else to turn to and you went AWOL; (c) your superiors were aware of your location while you were on UA; and (d) you have since gotten clean, you work and volunteer to help others.  The Board considered your contentions as mitigating circumstances to your behavior, but determined you failed to provide sufficient evidence to support your contentions.  The Board found that the severity of your drug related misconduct outweighed your current desire to upgrade your discharge.  The Board found no error or injustice in your naval record.  Accordingly, given the totality of the circumstances, the Board determined that your request does not merit relief.   
 
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, 
 

10/17/2021
Executive Director