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

Docket No: 2340-18                                     
Ref: 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 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 15 May 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. 

Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will 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 duty on 9 May 1983.  On 20 March 1986, you received non-judicial punishment (NJP) for wrongful use of a controlled substance (marijuana).  Subsequently, you were notified of pending administrative separation action by reason of misconduct due to drug abuse, at which time you elected your procedural right to consult with legal counsel and to present your case to an administrative discharge board (ADB).  An ADB was convened and found that you committed misconduct due to drug abuse and recommended administrative discharged with an other than honorable (OTH) character of service.  The commanding officer (CO) concurred with the ADB’s recommendation.  The separation authority approved the recommendation and directed administrative discharge with an OTH character of service by reason of misconduct due to drug abuse.  On 29 July 1986, you were discharged. 

The Board carefully weighed all potentially mitigating factors, such as your request to upgrade your discharge and contentions that the CO ignored your above average service record, statements that were expressed by your chain of command, your CO unjustly and with prejudice used you to send a message to a new crew, and your need for medical coverage from the Department of Veterans Affairs (VA) due to asbestos exposure.  Additionally, it is an injustice to label your entire service on the basis of one positive urinalysis for marijuana. The Board concluded these factors were not sufficient to warrant relief in your case because of the seriousness of your misconduct that resulted in a positive urinalysis. 

In regard to your contention that your CO unjustly and with prejudice used you to send a message to a new crew, there is no evidence in your record, and you provided none, to support your contention.  Additionally, despite a service member’s prior record of service, certain serious offenses, even though isolated, warrant separation from the Navy to maintain proper order and discipline.  Wrongful use of a controlled substance is one such offense that at times has required, at a minimum, mandatory processing for an administrative separation, which often results in separation with an unfavorable characterization of discharge.  The Board in its review discerned no material error or injustice in your discharge. 

With regard to your need for medical benefits, the VA determines service for benefits purposes separately and under different regulations from the Navy.  You may discuss potential benefits from the VA at your local VA office. 

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. 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, 


7/22/2019