DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 DocketNo: 2690-17 AUG 25 20l8 Dear This is in reference to your application for correction ofyour naval record pursuant to the provisions of Title 10 ofthe United States Code, Section 1552. After careful and conscientious consideration of the entire record, the Board found the evidence submitted was insufficient to establish the existence ofprobable 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 oflimitations and consider your application on its merits. A threemember panel ofthe Board for Correction ofNaval Records, sitting in executive session, considered your application on 25 June 2018. The names and votes of the members ofthe panel will be furnished upon request. Your allegations oferror and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings ofthis Board. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, relevant portions ofyour naval record and applicable statutes, regulations and policies. On 26 August 1986, you reenlisted in the Navy after serving over seven years ofprior honorable service. On 11 August 1983, during your previous enlistment, you were counseled regarding substance abuse ofmarijuana. You were warned that further deficiencies in your performance and/or conduct could result in administrative discharge action. On 24December1987, you initiated a self-referral for drug and alcohol rehabilitation treatment. On 7 January 1988, your Executive Officer was informed about your treatment and you were referred to the Counseling and Assistance Center (CAAC), due to your selfreferral for the use o'f cocaine. You were evaluated as being psychologically dependent on marijuana and cocaine based on your disclosures ofuse. As a result ofyour cocaine use, the report states you had severe depression, thoughts of suicide, inability to sleep and lost 80 pounds. Further, you were evaluated as an alcohol abuser based on your use of alcohol to medicate the withdrawal symptoms. It was recommended that you be transfer to an Alcohol Rehabilitation Center (ARC) as soon as possible and on March 1988, a Case Manager note from the Naval Alcohol Rehabilitation Center reported, in part, that you did not successfully complete the rehabilitation program. It was felt that your drug dependence was not in remission, and due to your lack to sufficient progress while in treatment and based on clinical observation, prognosis for you to remain chemically free was poor. You were advised to adhere to your aftercare plan. On 1 April 1988, you received nonjudicial punishment (NJP) for wrongful use of cocaine. Subsequently, administrative discharge action was initiated to separate you for misconduct due to drug abuse. After being afforded all ofyour procedural rights, you waived your right to request that your case be heard by an administrative discharge board. Your case was forwarded to the separation authority, and· it was directed that you receive an other than honorable (OTH) discharge due to drug abuse. You received an OTH discharge on 29 July 1988. The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and your contentions that you were young and fighting a drug addiction, did not seek help in the Navy, had become a model citizen and requesting an upgrade in order to receive Department of Veterans Affairs benefits. The Board concluded these factors were not sufficient to warrant an upgrade to your discharge given your misconduct, which resulted in a NJP for wrongful drug use, and failure to adhere to your commands drug and alcohol rehabilitation program. Itis regretted that the circumstances ofyour case are such that favorable action cannot be taken. You are entitled to have the Board reconsider its decision upon submission ofnew 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 ofregularity 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