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

Docket No: 6741-15 

HAY 2 0 2016 


This is in reference to your application for correction of your naval recor d pursuant to the provisions of 10 USC 1552 . 
Although your application was not filed in a timely manner, the Board foWld it in the interest of justice to waive t he statute of limitations and consider your case on its merits. A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 8 April 2016. Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. Document ary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record and applicable statutes, regulations and policies. 

A review of your record shows that you entered active duty with the Navy in November 1998. On 17 February 1999, you admitted to extensive pre-service alcohol, cannabis, and cocaine use that resulted in a diagnosis of dependence on those substances along with Attention Deficit/Hyperactivity and Oppositional Defiant Disorder: all determined to exist prior to entry into the Navy. On 20 February 1999, you are recommended for administrative separation when you leave your duty station without authority for approximately 27 days. Upon your r eturn, you were found vomiting blood on the floor and admitted to taking multiple narcotics . Eventually you were discharged on 19 April 1999 for erroneous enlistment and drug use. 

The Board carefully considered your arguments that you deserve a disability discharge. You contend that y9u suff ered from personal and medical problems that impaired your ability to make serve. In addition, you stated _that you were immature and young while in the service. Finally, you argued that youˇ would like to use your GI Bill benefits. Unfortunately, the Board disagreed with your rationale for relief. In examining the evidence, it was clear to the Board that you suffered from substance dependence prior to your entry into the Navy. While you may have possessed multiple disabil ity conditions, the Board concurred with the medical diagnosis that all your conditions pre­dated your entry into the Navy. In addit ion, the Board also concluded that your misconduct processing would have taken precedence over disability processi ng even if those conditions were not pre-existing. Finally, the Board determined your desire to use your GI Bill benefits is insufficient mitigating evidence to grant you benefits you are not entitled to or have earned. Accordingly, the Board was unable to find an error or injustice warranting a correction to your record and denied your application. Your request for a personal appearance before the Board has also been denied. The Board fel t it had sufficient evi dence to make a decision in your case ˇand your presence was not required. The names and votes of the members of the panel will be furnished upon request. 

It is regretted that the circumstances of your case are such that favorable acti on cannot be taken. You are entitled to have the Board reconsider its decision upon s}Jhmission of new evidence within one year from t he date of the Board' s decision. New evidence is evidence not previously considered by the Board prior to making its decision in this case. In this regard, it i s 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, t he burden is on the applicant to demonstrate the existence of probable material error or injustice. 
Sincerely, 

Executive Director