DEPARTMENT OF THE NAVY 

BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 
 
Docket No: 1736-17 

AUG 3 O 2018 

Dear 

This is in reference to your application for correction ofyour naval record pursuant to the 
provisions oftitle 10 of the United States Code, Section 1552. After careful and conscientious 
consideration ofthe entire record, the 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 threemember 
panel of the Board for Correction of Naval Records, sitting in executive session, 
considered your application on 2 May 2018. The names and votes ofthe 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 ofthis· 
Board. Documentary material considered by the Board consisted ofyour 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 and began a period of active duty on 26 February 1986. You served for 
nearly a year without disciplinary incident, but during the period from 22 January 1987 to 
23 April 1987, you received nonjudicial punishment (NJP) on two occasions. Your offenses 
were unauthorized absence (UA) from your unit for periods totaling 25 days, missing ship's 
movement and wrongful use of cocaine. Subsequently, you were notified ofpending 
administrative separation by reason ofmisconduct due to a pattern of misconduct at which time 
you waived your procedural rights to consult with legal counsel and to present your case to an 
administrative discharge board (ABD). Your commanding officer recommended discharge 
under other than honorable conditions by reason of misconduct due to a pattern of misconduct, 
and drug abuse. The discharge authority approved this recommendation and directed your 
separation under other than honorable conditions by reason ofmisconduct. On 8 May 1987, you 
were discharged. 

The Board carefully weighed all potentially mitigating factors; including your desire to obtain 
VA benefits in order to continue with your sobriety. The Board concluded these factors were not 
sufficient to warrant relief in your case because ofthe seriousness ofyour repeated misconduct 
that resulted in two NJPs and wrongful drug use in light of the Navy's policy of "zero tolerance." 
Further, the Board noted that you waived the right to an ADB, your best opportunity for retention 
or a better characterization of service. The Board was sympathetic to your desire to obtain VA 
benefits, but it is the Department ofVeterans Affairs (DVA) that determines eligibility for postservice 
benefits, not BCNR, and you should contact the nearest office of 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. The Board in its review discerned no impropriety or 
inequity in the discharge. 

It is regretted that the circumstances of your case are such that favorable action cannot be taken 
at this time. You are entitled to have the Board reconsider its decision upon the submission of 
new and material evidence. New evidence is evidence not previously 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 ofan official naval record, the 
burden is on the applicant to demonstrate the existence ofprobable material error or injustice. 

Sincerely, 


Executive Director