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 case on its merits. A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 16 January 2020. 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. A review of your record shows that you entered active duty with the Navy in January 1988. On 12 December 2000, you were part of a unit urinalysis sweep that returned a positive test result for your use of methamphetamines. After being notified of administrative separation processing for drug abuse, you elected an administrative separation board to hear your case. On 22 March 2001, the administrative separation board found you committed drug abuse and recommended your separation with a General characterization of service. You were discharged on 18 May 2001 for drug abuse with a General characterization of service pursuant to the administrative separation board recommendations. The Board carefully considered your arguments that you deserve to be reinstated to the Navy with back pay or, in the alternative, have your narrative reason for separation changed, have your characterization of service upgraded, and/or placed on the disability retirement list. You assert that your positive drug test was a false positive based on your prescription of Prozac and Buspar. You also argue that you have since been diagnosed with Post-Traumatic Stress Disorder (PTSD) and Attention Deficit Hyperactivity Disorder (ADHD) and continue to suffer symptoms from both disorders. Unfortunately, the Board disagreed with your rationale for relief. First, the Board found the preponderance of the evidence supports your administrative separation for drug abuse. The Board noted you tested positive for methamphetamines and a Navy Drug Lab expert testified at your administrative separation board that your reported medication would not create a false positive test result. Therefore, the Board determined your reinstatement to the Navy with back pay was not appropriate nor a change to your narrative reason for separation. Second, the Board considered your request to be placed on the disability retirement list. The Board concluded you do not qualify for disability benefits for several reasons. One, you were discharged for misconduct. Disability regulations direct misconduct processing to supersede disability processing. Two, there was insufficient evidence that you were unfit for continued naval service due to a qualifying disability condition. Unfitness is defined as the inability to perform the duties of your office, grade, rank or rating due to a disability condition. In your case, the Board noted that you received a performance evaluation ending 15 November 2000 with a 4.57 trait average and “early promote” recommendation. The evaluation described you as the “#1 First Class Petty Officer Recruiter” and placed you in the “Top 5 of 70 First Class Petty Officers assigned” to the command. Even though your military bearing and leadership traits were later lowered based on your misconduct, the Board found your documented superior performance as a Recruiter compelling evidence of fitness for active duty despite any disability conditions that you may have possessed. Third, the Board found that your characterization of service remains appropriate based on your misconduct. Even applying liberal consideration to the facts of your case, the Board felt your General characterization of service should not be changed. Your administrative separation board documented testimony concerning your Buspar prescription and good military character. In the Board’s opinion, the administrative separation board members and your command already mitigated your misconduct based on your years of superior performance in the Navy and any mental health conditions that existed at the time. Considering wrongful drug use cases typically result in Other than Honorable characterizations of service, the Board determined your General characterization was appropriate after applying liberal consideration. While the Board empathizes with your current medical condition, they felt compensation and treatment for your disability conditions fall outside the scope of the Department of Defense disability system and under the purview of the Department of Veterans Affairs, provided you can establish a service connection. Accordingly, the Board found insufficient evidence of error or injustice to warrant a change to your record. Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issue(s) involved. Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 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, 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.