Docket No: 572-20 
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 9 March 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, as well as applicable statutes, regulations, and policies. 
 
You enlisted in the Navy and began a period of active duty service on 11 August 1989.  You served without disciplinary incident for approximately two years.  On 8 August 1991, you received nonjudicial punishment (NJP) for wrongful use of a controlled substance (cocaine).  On 28 August 1991, you were notified of administrative separation proceedings against you on the basis of drug abuse and misconduct due to the commission of a serious offense as evidenced by NJP.  You subsequently waived your right to appear before an administrative separation board.  On 26 September 1991, your Commanding Officer recommended that you be separated with an other than honorable characterization of service and noted that you were a heavy equipment operator and it would be totally irresponsible to have an individual with even the potential of being on drugs at a construction site where safety is the number one priority.  On 24 October 1991, you were discharged from the Navy on the basis of misconduct due to drug abuse, received an other than honorable discharge, and a reentry (RE) code of RE-4. 
 
You request an upgrade to your discharge from other than honorable to honorable, and note that Veteran Affairs (VA) has recently determined that your characterization of service is honorable for purposes of receiving benefits.  You also assert that the other than honorable characterization of service was unduly harsh. 
 
The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, including your contention that the other than honorable discharge was unduly harsh and that your representation in your discharge was inadequate.  The Board also considered that the VA has found your service honorable for VA benefit purposes.  The Board accounted for the VA’s determination, but noted that the VA’s findings on characterization of service are not dispositive on the Board.  The Board reviewed the information reflected in your record and concluded that the seriousness of your misconduct of wrongful use of a controlled substance while a heavy equipment operator supported your other than honorable characterization of service.  The Board found that you did not provide sufficient evidence to overcome your current other than honorable characterization of service, and that upgrade is not warranted. 
 
It is regretted that the circumstances of your case are such that favorable action cannot be taken on your other than honorable characterization of service for your final period of enlistment.  You are entitled to have the Board reconsider its decision upon the 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.