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

Docket No: 2069-18    
Ref: Signature date 

This letter 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 30 May 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 and personal statement, together with all material submitted in support thereof, relevant portions of your naval record, as well as applicable statutes, regulations, and policies.
 
You enlisted in the Navy on 13 July 1995.  On 14 June 1996, you received nonjudicial punishment (NJP) for wrongful use of a controlled substance.  On 17 June 1996, you were notified that you were being processed for administrative discharge for misconduct due to drug abuse.  A medical evaluation found you were not dependent upon drugs or alcohol at that time. You elected to waive your rights to consult with counsel, provide a written statement for consideration, and your right to present your case to an administrative separation board.  On 2 August 1996, you were discharged from the Navy with an other than honorable (OTH) characterization of service. 

The Board carefully weighed all potentially mitigating factors, such your contentions that included, but were not limited to: your discharge is based on one incident, you were never offered help or treatment for this one isolated incident, since you were discharged you continued on a path of substance abuse that led to many incarcerations, after completing a one year super intense drug treatment you have not used any drugs, if you were offered any help when you were in the military it is possible you could have fixed your substance issues, that you are hoping to fix your discharge status so you can continue to improve your life. 

The Board found your contentions and mitigating factors were not sufficient to warrant relief in your case given the overall seriousness of your misconduct.  The Board noted that, contrary to your contentions, you were not dependent on drugs while you were in the Navy.  Had you been diagnosed as drug dependent, the Navy would have offered you free inpatient drug rehabilitation treatment prior to your discharge.  Regarding your contention that your discharge is based on one isolated incident, the Board noted that, although one’s service is generally characterized at the time of discharge based on performance and conduct throughout the entire enlistment, the conduct or performance of duty reflected by only a single incident of misconduct can provide the underlying basis for discharge characterization.  Accordingly, the Board determined that there was no material error or injustice in your discharge, and the Board found that your drug abuse merited an OTH discharge. 

Additionally, the Board reviewed your application under the recent guidance provided in the Under Secretary of Defense’s 25 July 2018 memorandum entitled, “Guidance to Military Discharge Review Boards and Boards for Correction of Military/Naval Records Regarding Equity, Injustice, or Clemency Determinations” (USD Memo).  The purpose of the USD Memo is to ease the process for veterans seeking redress and assist Boards for Correction of Military/Naval Records “in determining whether relief is warranted on the basis of equity, injustice, or clemency.” The USD Memo sets clear standards and principles to guide equitable relief authority, and further explains that boards shall consider a number of factors to determine whether to grant relief, such as positive or negative post-service conduct, including any arrests or convictions.  Even in light of the USD Memo, the Board still concluded that, given the totality of the circumstances and your drug-related misconduct, your request did not merit relief.
 
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,