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

Docket No: 6591-18 
Ref: Signature Date

Dear	:

This is in reference to your 10 July 2018 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 5 September 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, relevant portions of your naval record, and applicable statutes, regulations, and policies.

You enlisted in the Navy and began a period of active duty on 13 March 1984. You served for a year and nine months without disciplinary incident, but on 12 December 1985, you received nonjudicial punishment (NJP) for failure to go to your appointed place of duty and wrongful use of cocaine. Subsequently, you were notified of pending administrative separation processing with an other than honorable (OTH) characterization of service by reason of misconduct due to drug abuse. You elected to consult with legal counsel and requested an administrative discharge board (ADB). While awaiting your ADB, you received NJP on 9 January 1986 for three orders of failure to go to your appointed place of duty and dereliction of duty. You also received NJP on 23 January 1986 for failure to go to you appointed place of duty, disobedience of a lawful order, and braking restriction. The ADB found that you had committed misconduct and recommended that you be discharged with an OTH characterization of service by reason of misconduct due to drug abuse. The separation authority concurred with the ADB, and directed that you be discharged with an OTH characterization of service by reason of misconduct due to drug abuse. On 10 April 1986, you once again received NJP for wrongful use of marijuana. On 11 April 1986 You were discharged.

The Board carefully weighed all potentially mitigating factors, including your desire to be eligible for Veterans benefits. The Board, however, concluded that these factors were not sufficient to warrant relief in your case because of the seriousness of your repeated misconduct, which resulted in three NJPs and included wrongful drug use despite the Navy’s zero tolerance policy. The Board was sympathetic to your desire to be eligible for Veterans benefits. The Department of Veterans Affairs (VA) determines eligibility for post-service benefits, not the Board. You may contact the nearest office of the VA concerning your right to apply for benefits for a period of your service. The Board, in its review, found no material error or injustice in the discharge or characterization of your service.

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,