Docket No: 969-18 
Ref: Signature date
        
 
 
Dear Mr.  : 
 
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 26 March 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 on 7 January 1987.  During the period from 12 January to 30 September 1988, you received two non-judicial punishments (NJP) for operating a vehicle while drunk and wrongful use of marijuana and cocaine.  Subsequently, you were notified of pending administrative separation action by reason of misconduct due to drug abuse.  After you were advised of your rights and consulted with legal counsel, you waived your remaining rights.  Your commanding officer (CO) recommended that you be discharged from the naval service under other than honorable (OTH) conditions by reason of misconduct due to drug abuse.  On 31 October 1988, the discharge authority approved this recommendation and directed separation under other than honorable conditions by reason of misconduct.  On 9 November 1988, you were discharged. 
 
The Board carefully weighed all potentially mitigating factors, including your desire to upgrade your discharge, and your contention that you were not offered in-patient treatment at a Department of Veteran Affairs (DVA) hospital prior to being discharged.  The Board concluded that your violation of the Navy’s “Zero Tolerance” drug policy, outweighed your desire to upgrade your discharge. 
 
Regarding your contention that you were not offered in-patient treatment at the DVA prior to being discharged, the Board noted that the record contains documented evidence which is contrary to your contention.  Your service record includes your signed acknowledgement on 9 November 1988 that you were offered, and declined, to participate in the “US VIP” program after being identified as drug dependent prior to being discharged.  Under the totality of the circumstances, the Board in its review discerned no probable material error or injustice in the discharge.   
 
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, 
 
 
Executive Director