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

Docket No: 1331-19 
Date: Ref Signature 

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 19 February 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. 

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 issues involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record.
 
You enlisted in the Navy and began a period of active service on 15 July 1980. On 12 November 1981, you received non-judicial punishment (NJP) for unauthorized absence (UA) and missing ship’s movement.  On 15 May 1982, you received NJP for UA.  Subsequently, you were counseled regarding the aforementioned misconduct, and you were notified that further misconduct may result in administrative separation.  On 18 June 1982, you received NJP for fighting and possession/use of drugs.  On 21 July 1982, you received NJP for UA and breaking restriction.  On 7 August 1982, the separation authority approved and directed your discharge with an other than honorable (OTH) characterization of service by reason of misconduct-drug abuse.  On 16 August 1982, you were separated with an OTH discharge. 

The Board carefully weighed all potentially mitigating factors, such your desire to upgrade your discharge and your contentions that you made mistakes, you were punished, and you should not be penalized further.  The Board also considered that you served on a submarine, are seeking benefits, and that you are a good citizen.  The Board acknowledged your contentions but found that your repeated misconduct outweighed your desire to upgrade your discharge.  The Board concluded that your discharge was appropriate based on the seriousness of your drug related misconduct and your multiple instances of UA, which resulted in four NJPs.  In its review, the Board discerned no probable material error or injustice in your discharge that warrants an upgrade to your discharge. 

Regarding your contention that you are seeking benefits, whether or not you are eligible for benefits is a matter under the cognizance of the Department of Veterans Affairs (VA), and you may contact the nearest office of the VA concerning your right to apply for benefits.  If you have been denied benefits, you may appeal that denial under procedures established by the VA. 

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,