DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 9339-17 Ref: Signature date Dear 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 4 February 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, together with all material submitted in support thereof, relevant portions of your naval record, as well as applicable statutes, regulations and policies. Regarding your willingness to testify as a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issue(s) involved. Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. You enlisted in the Navy and began a period of service on 24 December 1985. On 31 December 1985, you were briefed on the Navy's policy on drug and alcohol abuse. On 24 July 1987, you received non-judicial punishment (NJP) for wrongful use of a controlled substance. On 29 July 1987, you were notified of the initiation of administrative separation processing, at which point, you elected counsel and review of your case by an administrative discharge board (ADB). On 30 September 1987, an ADB convened and voted 3 to 0 that you committed misconduct due to drug abuse, and 2 to 1 for you to be separated from naval service with the discharge being under other than honorable conditions (OTH), to be suspended for a period of 12 months. On 28 December 1989, your Commanding Officer concurred with the ADB findings. Your discharge with an other than honorable (OTH) characterization of service for misconduct drug abuse (use) was approved on 17 February 1988. On 29 February 1988, you were discharged. The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and contentions that you gave one dirty drug test, you were given 30 days of restriction, and after three months you were told you had three days left prior to your discharge. The Board noted that the circumstance of your case and potential discharge were discussed in your notifications and at your ADB. The Board determined there is insufficient evidence to warrant relief in your case given your wrongful drug use in light of the Navy's policy of "zero tolerance." Lastly, there is no requirement or law that grants re-characterization solely on the issue of obtaining veterans benefits. The Department of Veterans Affairs (VA) determines eligibility for post-service benefits, not this Board. You state, you would like to be eligible for a VA home loan. Although you previously stated the VA has denied you benefits, your local VA office is your contact concerning your right to apply for benefits. 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, 4/18/2019 Executive Director