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

Docket No: 11033-18 
Ref: Signature date 

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. 

Although you did not file your application 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 August 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. 

You enlisted in the Navy and began a period of active duty on 2 February 1983.  On 18 February 1983, you were counseled concerning your defective enlistment and induction/fraudulent entry into the naval service, with no military personnel or recruiter involvement, by failing to disclose pre-service drug abuse.  On 20 June 1985, you received nonjudicial punishment (NJP) for wrongful use of a controlled substance. You were counseled that you were being retained in the naval service and warned that failure to correct deficiencies in your performance and/or conduct could result in administrative separation.  On 21 June 1985, a medical evaluation determined you were not drug dependent.  On 30 June 1985, you were counseled regarding your derogatory performance evaluation.  On 22 July and 21 August 1985, you tested positive for marijuana use.  On 3 September 1985, administrative action was initiated to separate you from the naval service by reason of misconduct due to drug abuse.  You elected not to consult with legal counsel and after being afforded all of your procedural rights, you waived them, and your case was forwarded to the separation authority for review.  Your commanding officer recommended that you be discharged with an other than honorable (OTH) characterization of service. The separation authority agreed and directed your discharge with an OTH characterization due to drug abuse.  On 7 October 1985, you were so discharged. 

You request that the Board upgrade your discharge to honorable or general (under honorable conditions).  You assert that you were never in trouble during your enlistment, that you advanced on time and made E-4, but failed a drug test one time.  Additionally, you claim that you have fought drug addiction all of your life and that you need help seeking a substance abuse program.  The Board carefully weighed all potentially mitigating factors in your case, including your record of service and contentions, and concluded that these factors were insufficient to warrant a change to your discharge given your misconduct.  With respect to your contention that you failed a drug test one time, the Board noted that you had three positive tests for drugs, two of them after your NJP for using a controlled substance and being warned about the consequences of further misconduct. 

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, 


10/3/2019