Docket No: 2583-20 
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 2 June 2020.  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 6 July 1992.  On 7 July 1992, you received a retention warning for failure to disclose pre-service drug use.  On 21 July 1993, you received nonjudicial punishment (NJP) for unauthorized absence (UA).  On 8 September 1995, you received NJP for wrongful use of a controlled substance and UA.  Due to your diagnosed drug dependency, you were offered Level III treatment prior to your discharge, which you accepted.  Subsequently, you were notified of administrative separation processing by reason of misconduct dug to drug abuse as evidenced by a positive urinalysis for cocaine.  You consulted with counsel and elected to appear before an administrative discharge board (ADB).  On 6 November 1995, after careful consideration, the ADB recommended separation by reason of misconduct due to drug abuse.  On 18 November 1995, the commanding officer concurred with the ADB and recommended an under other than honorable (OTH) conditions character of service.   On 29 January 1996, the discharge authority directed an OTH character of service by reason of misconduct due to drug abuse.  Your discharge was held in abeyance in order to allow you to attend Level III Treatment at .  On 11 April 1996, after completion of Level III treatment, you were discharged with an OTH character of service.   

The Board carefully weighed your desire to upgrade your discharge and all potentially mitigating factors, such as your contentions that even after your positive urinalysis you were not discharged for several months, you continued to serve with honor, during your service you earned several awards, that an OTH discharge is an unjust representation of your Navy service and that you applied for a VA home loan and were denied due to your discharge.  The Board concluded that the severity of your drug related misconduct outweighed your current desire to upgrade your discharge.  In regards to your contentions, the Board commends your positive attitude and service after your urinalysis results, but noted that you were discharged approximately eight months later due to your election of an ADB, administrative discharge processing, and to allow you to complete drug rehabilitation treatment.  Lastly, in regards for you eligibility for a VA home loan, the Board does not upgrade discharge characterizations solely to be eligible for VA benefits. 
 
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,