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

Docket No: 8249-18 
Ref: Signature date 

Dear :

This 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 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 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 4 October 1995. On 18 April 1996, you received nonjudicial punishment (NJP) for unauthorized absence (UA). On 24 September 1997, you received NJP for UA, failure to obey a lawful order, and wrongful use of a controlled substance (cocaine). On 24 September 1997, administrative discharge action wasinitiated by reason of misconduct. After being afforded the right to consult with counsel and representation at an administrative board, you waived them, and your case was forwarded to the separation authority for review. Your commanding officer recommended that you receive an
under other than honorable (OTH) conditions discharge and the separation authority approved your separation from the Navy. On 23 October 1997, you received an OTH discharge.

You requested the Board upgrade your OTH discharge to general (under honorable conditions) in order for you to be eligible for benefits from the Department of Veterans Affairs (VA). You asserted that you made errors in judgment and were held accountable for your actions. You stated that you learned from your mistakes and made changes and became a productive member of your community. 

The Board carefully weighed all potentially mitigating factors, such as your record of service and contentions, and concluded these factors were not sufficient to warrant a change to your discharge given your misconduct. With respect to your contention about your post-service accomplishments and contributions to your community, the Board noted that you provided no evidence to support your rehabilitation, such as the character references and resume mentioned but not included with your letter. Further, there is no provision of law or in Navy regulations that allows for recharacterization of service due solely to the passage of time. The VA determines benefits separately from the Navy under its own regulations. You may consult with a 
local office of the VA to see if you are eligible for benefits for any period 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.