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

Docket No: 2197-18
Ref: Signature date 

Dear :

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 29 April 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. 
 
On 28 June 1991, you reenlisted in the Navy.  Prior to reenlistment, on 2 April 1982, you were briefed on the Navy’s policy regarding drug and alcohol abuse.  On 22 November 1991, you received nonjudicial punishment (NJP) for wrongful use of cocaine.  Subsequently administrative discharge action was initiated by reason of misconduct due to drug abuse.  On 17 December 1991, you were medically evaluation for drug abuse, and found to be a drug abuser, and not drug dependent.  After being notified of your procedural rights, you stated you did not desire to consult with counsel, elected to waive your administrative board, and objected to separation.  Your commanding officer recommended that you receive an other than honorable (OTH) discharge to the separation authority.  On 31 December 1991, the separation authority concurred with your CO’s recommendation and directed that you be separated with an OTH discharge.  You received your OTH discharge on 9 January 1992.

The Board carefully weighed all potentially mitigating factors, such as your record of service, request to upgrade your discharge, that up until your testing, you always received the highest performance evaluations, and were committed to excellence. The Board also considered your contentions that you never did drugs in your entire life, tried to argue that your positive test was a mistake or your sample was switched with another Sailor by accident, you asked for due process, were denied due process, and were then thrown out of the Navy. With regard to your contention that you were not afforded due process, when you were notified of administrative discharge action, your record shows that on 17 December 1991, you elected not to consult with counsel, to obtain copies of the documents that were to be forwarded to the separation authority, 
waived your right to have your case heard before an administrative discharge board, objected to the separation, but did not submit a statement on your own behalf either orally to an administrative board or in writing at the time of your discharge processing. The Board concluded your mitigating factors and contentions were not sufficiently supported to warrant a change to your discharge given your misconduct, which resulted in your NJP for wrongful drug use. Regarding your remaining contentions that you never did drugs in your entire life, tried to argue that your positive test was a mistake or your sample was switched with another Sailor by accident, the Board noted that you provided no evidence to support the contentions. Absent such 
evidence, the Board relied upon the presumption of regularity and presumed that the officials acted in good faith following governing law and policy. 

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,

7/18/2019
Executive Director