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


Docket No: 10998-19                                                        
Ref: Signature Date 

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 28 April 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 enlisted in the Navy and began a period of active duty on 25 April 1985.  On 23 June 1988, you received nonjudicial punishment (NJP) for wrongful use of marijuana and were awarded restriction, extra duties, reduction in rank, and forfeiture of pay.  The forfeiture was suspended for three months.  On 6 July 1988, you received a Page 13 counseling entry documenting your refusal of inpatient drug rehabilitation treatment and advising that you were not recommended for reenlistment.  On 8 August 1988, a Drug and Alcohol Abuse Report determined you were drug dependent, but not amenable to treatment; therefore, separation was recommended.  Subsequently, administrative discharge action was initiated by reason of misconduct due to drug abuse.  After being afforded all of your procedural rights, you waived them, and your case was forwarded to the separation authority for review. Your commanding officer recommended that you be discharged with an other than honorable (OTH) characterization of service.  The separation authority approved and directed your discharge from the Navy.  On 3 December 1988, you were discharged with an OTH characterization of service. 

You request the Board upgrade your discharge to honorable.  You assert: “Even though I smoked marijuana prior to my enlistment, I abstained from any usage for my first 3 years of service. I should have continued such abstinence, and I regret not doing so, however, I do not believe this act should render my service as ‘dishonorable.’” In support of your petition, you attached a Department of Veterans Affairs (VA) decision letter dated 21 October 2019.  The VA determined your service was honorable for VA purposes. 

The Board carefully weighed all potentially mitigating factors, such as your record of service and contentions and concluded these factors were not sufficient to warrant a change to your discharge given your misconduct.  The Board noted that your characterization of service was OTH not dishonorable. Please be advised that you were properly discharged with an OTH characterization of service on 3 December 1988 due to misconduct (drug abuse).  Further, it appears that the VA upgraded your discharge status to “honorable” solely for you to receive VA benefits. Please note that this action by the VA does not change or upgrade your characterization of service issued by the Navy. 

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, 

6/5/2020