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 case on its merits. A three-member 
panel of the Board for Correction of Naval Records, sitting in executive session, considered your 
application on 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. 

A review of your record shows that you entered active duty with the Navy in Non-judicial punishment was imposed on you for wrongful use of marijuana in resulting in your administrative separation processing for drug abuse. However, in you performed a suicide gesture by ingesting Benadryl, which formed the basis for an adjustment disorder and depression diagnosis. On you were medically cleared for separation and the separation physical notes your suicide gesture and mild scoliosis. You were discharged from the Navy with an Other than Honorable characterization of service on drug abuse. On the Naval Discharge Review Board denied your request for an upgrade to your characterization of service. You were granted Social Security Administration (SSA) disability benefits effective due to major depressive disorder and other orthopedic conditions. 

The Board carefully considered your arguments that you deserve a change to your narrative reason for separation to disability and an upgrade to your characterization of service. You assert that your mental health condition at the time of your discharge and back condition warrant the relief you seek. Unfortunately, the Board disagreed with your rationale for relief. First, the Board concluded that you were properly discharged for drug abuse based on your non-judicial punishment that documents your wrongful use of marijuana. Absent evidence you were not mentally responsible for your misconduct, the Board determined you were correctly processed for misconduct and discharged from the Navy. Second, the Board found that you were not eligible for disability processing since you were processed for misconduct. Disability regulations direct misconduct processing to supersede any disability processing. Third, the Board concluded that your current characterization of service remains appropriate. Despite liberally considering the evidence in your case, the Board felt that your wrongful drug use was not mitigated by your adjustment disorder, depression, scoliosis, and degenerative disc disease. While it is apparent you were suffering mentally and physically, the Board found no evidence to link your misconduct with your physical and mental conditions. Additionally, the Board considered the seriousness of your misconduct and determined your disability conditions were insufficient to overcome the wrongful drug use. The Board also took into consideration that you already receive SSA benefits for your disability conditions in weighing whether a sufficient injustice exists in your record to merit a change to your characterization of service or narrative reason for separation. In the end, they concluded your drug abuse was not offset by the existence of disability conditions when considered in light of disability benefits you are receiving from the SSA and the seriousness of your misconduct that formed the basis of your administrative separation from the Navy. Accordingly, the Board determined insufficient evidence of error or injustice exists to warrant a change to your record. 

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 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.