DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 1759-19 Ref: Signature Date Dear This is in reference to your application of 12 November 2018 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 March 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, and applicable statutes, regulations, and policies. You enlisted in the Navy and began a period of active duty on 25 November 1983. On 19 August 1985, you received non-judicial punishment (NJP) for failure to go at the time prescribed to your appointed place of duty. On 16 December 1985, you received your second NJP for wrongful use of marijuana. Subsequently, you were notified of an administrative action to separate you from the naval service because of misconduct due to drug abuse. You were advised of, and waived, your procedural rights, including your right to consult with and be represented by military counsel, and your right to present your case to an administrative discharge board (ADB). Your commanding officer (CO) recommended that you be administratively discharged from the naval service with an other than honorable (OTH) characterization of service. The separation authority approved the CO’s recommendation and directed that you be administratively discharged with an OTH characterization of service by reason of misconduct due to drug abuse. On 6 June 1986, you were so discharged. The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge. The Board considered your contention that the Department of Veterans Affairs (VA) determined that your service period is considered honorable and that you are entitled to VA Benefits. The Board concluded that these factors were insufficient to warrant relief in your case because of the seriousness of your repeated misconduct that resulted in two NJPs, which included wrongful drug use. Regarding your contention, decisions reached by the VA to determine if former servicemembers rate certain VA benefits do not affect previous discharge decisions made by the Navy. The criteria used by the VA in determining whether a former servicemember is eligible for benefits are different than that used by the Navy when determining a member’s discharge characterization. Under the totality of the circumstances, the Board discerned no probable material error or injustice in the 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. Sincerely,