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

Docket No: 7293-18 
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 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 25 September 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. 
 
You enlisted in the Navy and began a period of active duty on 10 January 1996.  On 25 April 2001, you received non-judicial punishment (NJP) for wrongful use of controlled substance.  Although your administrative separation documentation, is not in your service record, based on your Certificate of Release or Discharge from Active Duty (DD Form 214), you were discharged on 18 May 2001, with an other than honorable (OTH) characterization of service by reason of misconduct due to drug abuse, in violation of the Navy’s drug policy – for which administrative separation processing was mandatory. 
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge.  The Board considered your contention that you made a mistake almost 18 years ago and have suffered the consequences for your actions.  Since then you have grown as a person and accomplished a lot in your life.  You have had a court order name change, married and gained full custody of your daughter, who has medical issues.  The Board also considered you in Department of Veterans Affairs (VA) benefits.  The Board concluded that these factors were insufficient to warrant relief in your case because of the seriousness of your drug-related misconduct.  In the absence of substantial evidence to the contrary, the Board relied on a presumption of regularity to support official actions and presumed that public officers properly discharged their official duties.  Under the totality of the circumstances, the Board, in its review, discerned no probable material error or injustice in your discharge. 
 
The VA determines benefits under its applicable statutes and regulations.  You may be eligible for VA benefits based on a limited period of your service.  You may contact the nearest VA office if you desire clarification about your eligibility. 
 
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.