Docket No: 3968-20 
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 28 October 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 on 9 April 1981.  During the period from 15 July 1981 to 13 September 1983, you received five non-judicial punishments (NJP) for wrongful possession of marijuana, assault, unauthorized absence (UA) totaling five days, failure to obey a lawful order, and wrongful use of marijuana.  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 6 October 1983, you were discharged.  
 
The Board carefully weighed all potentially mitigating factors, such as character letters, your desire to upgrade your discharge, and contentions that you need Department of Veteran Affairs (DVA) benefits, you served with honor, served your country, served 2.5 years, never refused to perform your military duties, were never court-martialed or charged with a felony and never went UA.  The Board noted your contentions that your drug abuse was the result of suffering from stress, being in a hostile and stressful situation, and being assigned to the USS .  The Board also noted your contentions that you were young, far from home and not emotionally mature.  Finally, the Board noted your contentions that since discharge, you received treatment, have been employed for 15 years, are a contributing member of society and have never been incarcerated.  However, upon reviewing all of your contentions and assertions, the Board concluded that the misconduct detailed in your service record, and violation of the Navy’s “Zero Tolerance” drug policy outweighed your desire upgrade your discharge.  Accordingly, the Board determined that there was insufficient evidence supporting your request to change the characterization of your discharge.  
 
In regard to your contention that you need DVA benefits, whether or not you are eligible for benefits is a matter under the cognizance of the DVA, and you should contact the nearest office of the DVA concerning your right to apply for benefits.  If you have been denied benefits, you should appeal that denial under procedures established by the DVA.  In regard to your contentions that you served with honor, served your country, wore the uniform, served 2.5 years, never refused to perform your military duties, were never court-martialed or charged with a felony, and never went UA, the Board noted that a Sailor’s service is characterized at the time of discharge based on performance during the current period of enlistment.  In regard to your contentions that your drug abuse was the result of suffering from stress, being in a hostile and stressful situation, and being assigned to the USS , the Board noted that there is no evidence in your record, and you submitted none, to support your contentions.  The Board also noted that the record shows that you were notified of and waived your right to present your case to an administrative board (ADB).  Regarding your contentions that since discharge, you received treatment, have been employed for 15 years, are a contributing member of society, and have never been incarcerated, the Board noted that while commendable, was not justification enough to upgrade your 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, 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,