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

Docket No: 5957-19
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 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 for Correction of Naval Records, sitting in executive session, considered your application on 21 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, and applicable statutes, regulations, and policies.

You enlisted in the Navy and began a period of active duty on 28 March 1995. In May 1995, while you were still in boot camp, you contracted pneumonia and were hospitalized. On 26 May 1995, you received surgery to treat the pneumonia. You remained hospitalized until 14 June 1995, when you were discharged but placed on convalescent leave for 30 days. On 22 August 1995, a Medical Board recommended that you be placed in a Limited Duty status for 6 months. You record of care indicates that in early September 1995, you admitted to using marijuana within the past month, to heavy alcohol use, and to past use of LSD. Commanding Officer, Recruit Training Command notified you that administrative separation proceedings were being initiated against you on the basis of misconduct due to drug abuse as evidenced by your self- referral to NTC Command DAPA Office. You acknowledged your rights and waived your right to consult with counsel and to appear before an administrative separation board. You were discharged from the Navy on 2 January 1996, and received an other than honorable characterization and a reentry (RE) code of RE-4.

In your petition for correction, you request an upgrade to your characterization of service from other than honorable to honorable or general. You contend that following your treatment for pneumonia, you were not given clear guidance with regard to handling your circumstances and were left to attempt to find a solution on your own. You state that you self-referred for drug use in an attempt to secure a discharge. You assert that the Navy erred by not sending you to a Physical Evaluation Board (PEB) following your 22 August 1995 Medical Board, and that you were likely eligible for a medical separation.

The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, including your contention that you were not given clear guidance following your hospitalization for pneumonia. The Board also noted that you claim you may have been entitled to a medical discharge. Additionally, the Board considered your post-service contributions to your community and your personal statement to the Board. With regard to your claim that a PEB was warranted, the Board noted that the August 1995 Medical Board found that you had a good prognosis and that you needed extensive physical therapy and limited duty for six months. Taking into account the Medical Board’s findings, the Board found that limited duty vice a referral to a PEB was appropriate in August 1995. Additionally, the Board noted that in September 1995, you admitted to misconduct by wrongfully using drugs. Under SECNAVINST 1850.4 series, administrative separation processing for misconduct supersedes disability separation. The Board found that your admission of wrongful use of a controlled substance was sufficient to support the administrative separation for misconduct, thereby overriding any medical discharge proceedings to which you may have been entitled. The Board found that your record supports your current other than honorable characterization of service, and that you did not provide enough evidence or information to merit a change to your current other than honorable characterization of 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 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,