Docket No: 11131-18                          
Signature date 
 
 
Dear  
 
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 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 23 October 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 27 June 1989.  You served for two years and 11 months without disciplinary incident, but on 3 April 1992, you received nonjudicial punishment (NJP) for wrongful use of marijuana.  Subsequently, you were notified of pending administrative action to separate you from the naval service because of misconduct due to drug abuse.  You were advised of, and waived, your procedural rights, including your right to consult with and be represented by military counsel, and your right to present your case to an administrative discharge board (ADB).  Your commanding officer (CO) stated that you were “a marginal performer prior to [your] illegal drug use,” and “most strongly” recommended that you be discharged with an other than honorable (OTH) characterization of service by reason of misconduct due to drug abuse.  The discharge authority approved your CO’s recommendation and directed that you be separated with an OTH discharge by reason of misconduct.  On 20 May 1992, you were so discharged. 
 
The Board carefully weighed all potentially mitigating factors in your case, including your contention that this was your first and only offense.  However, the Board concluded that these factors were insufficient to warrant relief in your case because of the seriousness of your misconduct that resulted in an NJP and wrongful drug use in light of the Navy’s policy of “zero tolerance.”   You also waived your right to an ADB, and thereby forfeited your best opportunity to receive a better characterization of service.  Regarding your contentions, a service member’s record of service, including, even isolated offenses, may warrant separation from the Navy to maintain proper order and discipline.  Regarding benefits, the Department of Veterans Affairs (DVA) determines eligibility for post-service benefits, and not this Board, and there is no requirement or law that grants recharacterization of service solely on the issue of obtaining Veterans benefits.   
 
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.