DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No: 2084-21 
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 28 April 2021. 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). 

The Board determined that your personal appearance, with or without counsel, would not materially add to their understanding of the issues involved. Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 

You enlisted in the Navy on 14 September 1982. On 11 April 1984, you received non-judicial punishment for a one day unauthorized absence. On 4 June 1984, your command received the results of your positive urinalysis from a 3 April 1984 command directed urinalysis. As a result, on 19 June 1984 you were notified of pending administrative separation with a General characterization of service by reason of misconduct due to drug abuse. After electing to waive your rights, your commanding officer (CO) forwarded your package to the separation authority (SA). However, the SA did not concur with your CO’s recommendation on your General characterization of service, and directed a Type Warrant by Service Record discharge by reason of misconduct. As a result, on 1 August 1984, you were discharged with an Honorable characterization of service and a narrative reason for separation as misconduct (Drug Abuse). 

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 contentions that your narrative reason for separation is incorrect, and assertion that you served 1 year, 10 months, and 18 days; and you were unaware that you were 12 days from being eligible for medical benefits when you were discharged. You further assert that you need Department of Veteran Affairs benefits, you were not on drugs, and over ¾ of the squadron had positive tests at that time.
 
The Board noted that you were notified of administrative processing by reason of misconduct due to drug use, you chose not to consult with counsel, and there is no evidence in your record, and you provided none, that would indicated that you contested your positive urinalysis results. Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief. Specifically, the Board determined that your violation of the Navy’s drug policy outweighed these mitigating factors. 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, 
5/11/2021