Docket No: 2598-20 
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, sitting in executive session, considered your application on 25 November 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, applicable statutes, regulations, and policies to include the 25 July 2018 Under Secretary of Defense Memo on Guidance to Military Discharge Review Boards and Boards for Correction of Military /Naval Records Regarding Equity, Injustice, or Clemency Determinations.  
 
You enlisted in the Navy on 29 April 1996.  On 25 November 1996, you received non-judicial punishment (NJP) for failure to obey a lawful order and disorderly conduct.  On 14 April 1998, you received NJP for wrongful use of marijuana.  On 16 April 1998, you were disqualified from Submarine Duty.  Subsequently, you were notified of pending administrative separation action by reason of misconduct due to drug abuse.  After electing to waive your rights, your commanding officer (CO) recommended discharge under other than honorable (OTH) conditions by reason of misconduct due to drug abuse.  The discharge authority approved this recommendation and directed separation under other than honorable conditions by reason of misconduct.  On 7 May 1998, you were discharged.  
 
The Board carefully weighed all potentially mitigating factors such as your desire to upgrade your discharge and regret for the poor decisions you made.  The Board further considered your contentions that you would like to qualify for the use of Department of Veterans Affairs (DVA) benefits, you were a stellar Sailor, did your duties well, prided yourself on physical fitness, received an Admiral’s letter, and qualified as Submarine Warfare on your first patrol.  In reviewing the circumstances of your separation and characterization of service, the Board considered the totality of the circumstances to determine whether relief is appropriate today in the interests of justice in accordance with guidance provided by the Under Secretary of Defense for Personnel and Readiness (Wilkie Memo of 25 July 2018).  However, even in light of the USD Memo, the Board still concluded given the totality of the circumstances, your request does not merit relief. 
   
Additionally, please note, whether or not an individual is entitled to veterans’ benefits is a matter under the cognizance of the DVA and you may contact the nearest office of the DVA concerning your right to apply for benefits.  If benefits have been denied, you may be able to appeal the denial under procedures established by the DVA.  
 
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,