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

Docket No: 9685-18 
Ref: Signature Date

Dear	:

This letter is in reference to your application of 7 October 2018 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 23 October 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, and applicable statutes, regulations, and policies.

You enlisted in the Navy and began a period of active duty on 19 January 1988. During the period from 15 June 1989 to 5 May 1992, you received non-judicial punishment (NJP) on four occasions. Your offenses were unauthorized absence from your unit, dereliction in the performance of duties, failure to obey a lawful order and wrongful use of marijuana. On 6 May 1992, you were notified of pending administrative action to separate you from the naval service by reason of misconduct due to drug abuse.  You acknowledge the separation action and waived your right to consult with counsel and to present your case to an administrative discharge board (ADB).  On 8 May 1992, your commanding officer (CO) recommended your separation with an other than honorable characterization of service. On 2 June 1992, the separation authority approved your CO’s recommendation.  On 12 June 1992, you were so discharged.

The Board carefully weighed all potentially mitigating factors in your case including your desire to regain respect from the military, to be eligible for Veterans benefits and be involved in military events.  The Board considered the letters that you submitted on your honesty, integrity and good character. The Board concluded these factors were not sufficient to warrant relief in your case because of the seriousness of your repeated misconduct that resulted in four NJPs, and wrongful drug use. Whether or not you are eligible for benefits is a matter under the cognizance of the Department of Veterans Affairs (VA), and you should contact the nearest office of the VA concerning your right to apply for benefits. There is no requirement or law that grants recharacterization solely to obtain veterans benefits. You should contact the nearest office of the VA concerning your right to apply for benefits. If you have been denied benefits, you should appeal that denial under procedures established by the VA.

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,