Docket No: 4831-20
Ref: Signature Date              
            
                
Dear   
 
This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code.  After careful and conscientious consideration of relevant portions of your naval record and your application, the Board for Correction of Naval Records (Board) found the evidence submitted 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 panel members 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 the 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, to include the 25 July 2018 guidance from the Under Secretary of Defense for Personnel and Readiness regarding equity, injustice or clemency determinations (Wilkie Memo). 
 
You enlisted in the Navy and began a period of active duty on 14 July 1981.  On 21 January 1982, you received non-judicial punishment (NJP) for wrongful possession and use of marijuana.  On 12 March 1982, you received your second NJP for nine specifications of failure to go at the time prescribed to your appointed place of duty.  On 18 March 1982, you received an administrative remarks (Page 13) counseling advising you that you were being retained in the naval service; however, any further misconduct may result not only in disciplinary action but in processing for administrative discharge.  On 10 June 1983, you received your third NJP for wrongful possession of marijuana.  On 26 July 1983, you were again issued a Page 13 counseling concerning your misconduct; you were warned that any further misconduct may result not only in disciplinary action but also in processing for administrative discharge.  The record reflects that on 31 August 1983, you successfully completed a drug abuse rehabilitation program.  On 21 February 1984, you received your fourth NJP for wrongful use of a controlled substance.   
 
Subsequently, on 23 February 1984, you were notified that you were being recommended for administrative discharge from the naval service because of misconduct due to drug abuse.  You were advised of, and waived, your procedural rights, including your right to consult with and be represented by military counsel, and your right to present your case to an administrative discharge board (ADB).  Your commanding officer (CO) recommended administrative discharge from the naval service with an other than honorable (OTH) characterization of service.  The separation authority approved the recommendation and directed that you be separated from the naval service with an OTH characterization of service.  On 5 March 1984, you were so discharged. 
    
The Board carefully considered all potentially mitigating factors to determine whether the interests of justice warrant relief in your case in accordance with the Wilkie Memo.  These included, but were not limited to, your desire to upgrade your discharge and change your reenlistment code, and your contention that the reason for your discharge should not prevent you from qualifying for a VA loan.  You further state that at the time of your discharge you were told reenlisting would be the only thing that you would not be able to do.  Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief.  Specifically, the Board determined that your repeated misconduct, as evidenced by your four NJPs, which included involvement with a controlled substance, outweighed these mitigating factors.  The Board noted you did not submit any documentation or advocacy letters to be considered.  Be advised, there is no requirement or law that grants re-characterization solely on the issue of obtaining veterans benefits.  The Department of Veterans Affairs (VA) determines eligibility for post-service benefits.  Whether or not you are eligible for benefits is a matter under the cognizance of the VA.  If you have been denied benefits, you should appeal that denial under procedures established by the VA.  Accordingly, given the totality of the circumstances, the Board determined that your request does not merit relief. 
 
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,