Docket No: 10161-19 
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 for Correction of Naval Records, sitting in executive session, considered your application on 14 October 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. 
 
You enlisted in the Navy on 18 February 1998.  According to the information in the record, on 5 June 2000, you received non-judicial punishment (NJP) for wrongful use of a controlled substance.  Although the Board lacked your entire service record, based on the lack of evidence to the contrary, the Board relied on a presumption of regularity that you were notified of the recommendation that you be discharged by reason of misconduct due to drug abuse.  Presumably, after you waived your procedural rights, your Commanding Officer (CO) recommended discharge under other than honorable (OTH) conditions by reason of misconduct due to drug abuse.  The discharge authority approved this recommendation and directed separation under other than honorable conditions by reason of misconduct.  On 11 August 2000, you were discharged.  As stated previously, the Board relies on a presumption of regularity to support the official actions of public officials, and in the absence of substantial evidence to rebut the presumption, to include evidence submitted by you, the Board presumes that you were properly discharged from the Navy. 
  
The Board carefully weighed all potentially mitigating factors, such your desire to upgrade your discharge, and contention that you need Department of Veteran Affairs (DVA) benefits due to the dental work you received while on active duty, which prevented you from being able to work and caused you to remain unemployed.  In this regard, the Board concluded that your violation of the Navy’s “Zero Tolerance” drug policy outweighed your desire upgrade your discharge. 
 
In regard to your contention that you need DVA benefits due to the dental work you received while on active duty, which resulted in you being unemployed and not able to work.  Whether or not you are eligible for benefits is a matter under the cognizance of the DVA, and you should contact the nearest office of the DVA concerning your right to apply for benefits.  If you have been denied benefits, you should appeal that denial under procedures established by the DVA.   
 
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. 
 
                                                                              
Sincerely,