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

Docket No: 8408-18 
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 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 26 August 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 21 September 1992. In your enlistment documents you disclosed pre-service use of “cocaine” and “marijuana.” Your enlistment paperwork also discloses that you were “Dep Discharged from the Army in July 1991 for positive alcohol and drug testing.” On 23 September 1992, you signed the Navy drug and alcohol abuse policy, including acknowledging in writing the “legal consequences of illicit drug use.” On 24 February 1994, you received nonjudicial punishment (NJP) for unauthorized absence (UA) and wrongful use of cocaine. On 30 March 1994, you received NJP for eleven specifications of UA from “restricted man’s muster.” Subsequently, administrative action was initiated to separate you from the naval service for misconduct due to drug abuse. You were advised of your procedural rights and elected to consult with military legal counsel. On 12 April 1994, your commanding officer (CO) “strongly recommended” your separation with an other than honorable (OTH) characterization of service and stated that “SR Wade has been before me at Captain’s Mast on two occasions over the past two months. He knows and understands Navy rules and regulations, but willfully fails to comply. SR Wade was well aware of the Navy’s zero tolerance policy concerning the use of drugs, yet chose to use cocaine. SR Wade has expressed a strong desire to leave the Navy. SR Wade has no potential for future service.”  Your CO also noted that you seemed “amendable to treatment but did not respond to the Personal Responsibility And Value Education And Training (PREVENT) [you] attended 19- 22 OCT 1993,” and that he intended to separate you “VIA the Veterans Administration for treatment.” The separation authority agreed with your CO’s recommendation and directed your discharge for misconduct due to drug abuse with an OTH characterization of service. On 22 April 1994, you were so discharged.

The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge and assertion that that this was a one-time use of cocaine. The Board also considered your assertions that you only used cocaine once to help with pain from a car accident and the medical department on USS  did not treat you properly for the pain you were having. The Board also considered your volunteer work in the Navy, and as a civilian, and how you are trying to get your life going in the proper direction. However, your contentions are not supported by your service record and you provided no separate supporting documentation. Accordingly, the Board concluded that these factors and assertions were insufficient to warrant a change to your discharge given your misconduct, which resulted in two NJPs.

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,