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

Docket No: 10492-18                                                              
Ref: Signature Date 

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 for Correction of Naval Records (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, sitting in executive session, considered your application on 15 October 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 on 19 June 1985.  On 7 May 1987, you received non-judicial punishment for wrongful use of a controlled substance.  Subsequently, you were notified of pending administrative separation action by reason of misconduct due to drug abuse.  After you waived your rights, your commanding officer (CO) recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse.  The discharge authority approved this recommendation and directed separation under other than honorable conditions by reason of misconduct.  On 29 June 1987, you were discharged. 

The Board carefully weighed all potentially mitigating factors, such as your request to upgrade your discharge and contentions that you were a model Sailor, received a recommendation from your CO prior to being discharged, have been trouble free, are a model citizen, and you would like Department of Veteran Affairs (VA) benefits in order to buy a home. In this regard, the Board concluded that your violation of the Navy’s drug policy outweighed your mitigating factors to upgrade your discharge.  In regard to your contention that you were a model Sailor that received a recommendation from your CO prior to being discharged, the Board noted that a Sailor’s service is characterized at the time of discharge based on performance during the current enlistment, including misconduct.  In regard to your contention that you have been trouble free and a model citizen, the Board noted while commendable, your post service conduct does not excuse your conduct while enlisted in the Navy or the basis for your discharge.  In regard to VA benefits, whether or not you are eligible for benefits to purchase a home is determined by the VA. 

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 the submission of new matters, which will require you to complete and submit a new DD Form 149.  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, 

11/22/2019