Docket No: 1124-19 
Ref: Signature date 
 
 

Dear : 
 
This letter 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 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 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 Marine Corps on 21 September 1983.  On 17 April 1984, you submitted a urinalysis sample which tested positive for cocaine.  You consulted with legal counsel and refused non-judicial punishment.  Subsequently, you were notified of pending administrative action to separate you from the naval service by reason of misconduct due to drug abuse.  After you consulted with legal counsel, you waived your rights and your commanding officer (CO) recommended that you be discharged with an under other than honorable (OTH) characterization of service by reason of misconduct due to drug abuse.  The discharge authority approved this recommendation and directed your discharge with an OTH characterization of service  by reason of misconduct.  On 18 July 1984, you were so discharged. 
 
The Board carefully weighed all potentially mitigating factors, such as the information from the Department of Veterans Affairs (DVA), and your desires to upgrade your discharge, change your separation authority, separation code, reenlistment code, and narrative reason for separation.  The Board also noted your contentions that your discharge was based on one isolated incident and the DVA found your service honorable for DVA benefits.  However, 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 discharge was based on one isolated incident, the Board noted that the record shows that you were notified of and waived your right to present your case to an administrative board (ADB).  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 the DVA found your service honorable for DVA benefits, the Board noted that the DVA only has the authority to determine your eligibility for DVA benefits and does not have the authority or ability to change your naval record or characterization of service. 
 
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.