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

Docket No: 8943-17   
Date: Ref Signature 


This is in reference to your application for correction of your naval record pursuant to 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 28 January 2019.  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, relevant portions of your naval record, as well as applicable statutes, regulations, and policies. 

You enlisted in the Navy and began a period of service on 16 June 1991.  On 19 June 1991, you were briefed on the Navy’s policy for drug and alcohol abuse.  On 8 July 1993, you received non-judicial punishment (NJP) for being on unauthorized absence (UA), and missing ships movement.  On 31 July 1993, you received non-judicial punishment (NJP) for UA and wrongful use of a controlled substance- methamphetamine/ amphetamine.  On 12 August 1993, you were notified of the initiation of administrative separation proceedings due to misconduct due to drug abuse, at which point you waived your procedural rights.  You elected inpatient treatment from your local Veterans Administration (VA) Hospital.  On 13 August 1993, you went on UA until your surrender on 17 August 1993.  On 24 August 1993, your discharge was approved with an other than honorable (OTH) characterization of service.  On 28 November 1993 you were discharged. 

The Board carefully weighed all potentially mitigating factors, such your desire to upgrade your discharge to receive VA medical benefits, as well as contentions you served honorably most of your naval service, and that you made a bad decision by getting addicted to methamphetamine.  You further state that you struggled for a few more years following your discharge but you have been clean for 18 years.  The Board commends your 18 years of sobriety.  Notwithstanding, the Board concluded these factors were not sufficient to warrant relief in your case given your misconduct as evidence of your drug use, and two NJPs.  In regard to your contention to upgrade your discharge to receive the Department of Veterans Affairs (VA) medical benefits, the VA only has authority to recharacterize your service for their purposes.  Further, there is no requirement or law that grants recharacterization solely on the issue of obtaining veterans benefits.  The VA determines eligibility for post-service benefits, not BCNR.  You should contact the nearest office of the VA concerning your right to apply for benefits.  Upon review the Board found no inequity, errors, or impropriety with your discharge or its characterization. 

It is regretted that the circumstances of your case are such that favorable action cannot be taken.  You are entitled to have the Board reconsider its decision upon submission of new matters.  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, 
5/14/2019 


Executive Director