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

Docket No: 3227-18                                    
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 that 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 22 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, together with all material submitted in support thereof, relevant portions of your naval record, as well as applicable statutes, regulations, and policies. 

Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel would not materially add to their understanding of the issues 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 active duty on 9 October 1987.  Prior to the beginning of your enlistment, you signed a Drug Abuse Screening Form detailing that your last use of cocaine was in July 1984, and that you had not used any foreign substance since your entry in the Delayed Entry Program (DEP).  Upon the beginning of your enlistment, you recertified the Drug Abuse Screening Form, stating there had been no changes in your status regarding your use of controlled substances.  On 14 December 1987, after providing a urine sample for your entrance urinalysis at boot camp, you tested positive for cocaine.  As a result, you were notified of administrative separation by reason of defective enlistment due to a fraudulent entry (failing to disclose your preservice drug use), at which time you were advised of, and waived, your right to consult with counsel.  Your commanding officer recommended an administrative discharge, with an entry level separation, for a defective enlistment and induction due to fraudulent entry into the naval service as evidenced by your failure to disclose preservice drug use.  The discharge authority approved this recommendation and directed your discharge.  On 19 January 1988, you were discharged. 

The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge, and your contention that you do not use drugs and do not condone the use of drugs.  The Board also considered your contention that your Chief’s decision to separate you was “arbitrary absent of any investigation.” 

The Board concluded that these factors were insufficient to warrant relief in your case, given your documented fraudulent entry into the naval service.  Applicable regulations authorize an uncharacterized entry level separation if the processing of an individual’s separation begins within 180 days of the individual’s entry on active service.  Accordingly, the Board in its review discerned no probable material error or injustice in your discharge.
 
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,