DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 1023-19 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, sitting in executive session, considered your application on 21 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, as well as applicable statutes, regulations, and policies. You reenlisted in the Navy on 17 December 1980. During the period from 26 January 1984 to 23 July 1985, you received two non-judicial punishments (NJP) for two occurrences of wrongful use of marijuana. Subsequently, you were notified of pending administrative separation action by reason of misconduct due to drug abuse. After you waived your rights, your commanding officer (CO) recommended that you be discharged with an other than honorable (OTH) characterization of service by reason of misconduct due to drug abuse. The separation authority approved this recommendation and directed your OTH discharge by reason of misconduct due to drug abuse. On 9 August 1985, you were so discharged. The Board carefully weighed all potentially mitigating factors, such as the information from the Department of Veterans Affairs (VA), your desire to upgrade your discharge, and the following contentions: that you served with pride from 29 June 1977 to 9 August 1985, that you had good evaluations, that the captain of the ship said you were an asset and was sorry you had to go, that you started using cannabis after receiving a letter from your neighbor informing you that your wife was having affairs with other men, that you should not be denied VA benefits, that you have maintained an active work life, and that you have been alcohol free for 13.5 years. The Board concluded that your violation of the Navy’s “Zero Tolerance” drug policy outweighed your desire to upgrade your discharge. In regard to your contentions that you served with pride from 29 June 1977 to 9 August 1985 had good evaluations, received awards, and the captain of the ship said you were an asset and was sorry you had to go, the Board noted that a Sailor’s service is characterized at the time of discharge based on performance during the current enlistment. In regard to your contention that you started using cannabis after receiving a letter from your neighbor informing him that your wife was having affairs with other men, the Board noted that there is no evidence in your record, and you submitted none, to support your contention. The Board also noted that the record shows that you were notified of and waived your right to present your case to an administrative discharge board. In doing so, you gave up your first and best opportunity to advocate for retention, assistance, or a more favorable characterization of service. In regard to your contention that you should not be denied VA benefits, the Board noted that whether or not you are eligible for benefits is a matter under the cognizance of the VA, and 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. In regard to your contention that you have maintained an active work life and been alcohol free for 13.5 years, the Board noted that while commendable, your post service conduct does not excuse your conduct while enlisted in the Navy or the character for your discharge. 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.