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

Docket No: 1566-19 
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 11 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.
 
You enlisted in the Navy on 1 September 1982.  On 3 May 1983 and 12 August 1983, you received two non-judicial punishments (NJP) for misconduct including two specifications of wrongful use of marijuana, possession of drug paraphernalia, unauthorized absence (UA) for two days, and absence from your appointed place of duty.  Subsequently, you were notified of pending administrative action to separate you from the naval service by reason of misconduct due to your drug abuse.  After you were advised of, and waived, your procedural 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 discharge authority approved this recommendation and, on 5 October 1983, you were so discharged. 

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and your contention that you would like to receive benefits under the new law passed by President Trump.  However, 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 contention that you would like to receive benefits under the new law passed by President Trump, the Board noted that you failed to identify the law passed by President Trump which would provide you benefits.  The Board also noted that whether or not you are eligible for Department of Veterans Affairs (DVA) benefits, is a matter under the cognizance of the DVA, and you may contact the nearest office of the DVA concerning your right to apply for benefits. 

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,