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

Docket No: 5927-17 
MAR 11 2019 

Dear : 

This is in reference to your application for correction of your naval record pursuant to the 
provisions of Title 10, 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 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 for Correction of Naval Records, sitting in executive session, 
considered your application on 13 November 2018. 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, and applicable 
statutes, regulations, and policies. 

You enlisted in the Navy on 31 January 1980. During the period from 13 January 1981 to 
9 July 1982, you received two non-judicial punishments (NJP) for wrongful possession of marijuana. 
Subsequently, you were notified of processing for administrative separation by reason of misconduct 
due to drug abuse. After you waived your rights, your commanding officer (CO) recommended that 
you be discharged by reason of misconduct due to drug abuse with an other than honorable (OTH) 
characterization of service. The discharge authority approved this recommendation and directed that 
you be separated by reason of misconduct with an OTH characterization ofservice. On 
2 September 1982, you were discharged. 

The Board carefully weighed all potentially mitigating factors, such as the certificate from the 
Texas DWI Intervention (Repeat Offender) Program, letter of residency, and your desire to upgrade 
your discharge, as well as your contentions that you are now living a drug-free life and need 
Department of Veterans Affairs (DVA) benefits. The Board, however, concluded that your 
repeated violation of the Navy's policy of "Zero Tolerance" outweighed your desire to upgrade 
your discharge. 

The Board noted that, while commendable, your post-service conduct does not excuse your conduct 
while elisted in the Navy or the basis for your discharge. In regard to your contention that you 
need DVA benefits, whether or not you are eligible for benefits is a matter under the cognizance of 
the DVA, and you should contact the nearest office of the 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. 

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 of an official naval record, the burden is on 
the applicant to demonstrate the existence of probable material error or injustice. 

Sincerely, 




Executive Director