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

Docket No: 2690-19
Date: Ref Signature 

Dear  : 

This is in reference to your application of 18 February 2019 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 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 30 April 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 reenlisted in the Navy and began a period of active service on 2 January 1986.  On 8 January 1986, you were briefed on the Navy’s policy regarding drug and alcohol abuse.  On 13 March 1987, you received non-judicial punishment (NJP) for two specifications of failure to obey a lawful general order.  On 15 September 1987, you were counseled regarding your misconduct.  On 3 October 1987, you received NJP for unauthorized absence (UA).  On 14 October 1987, you received NJP for UA.  On 26 January 1995, you were convicted at a special court-martial (SPCM) of wrongful use of a controlled substance -cocaine.  You were sentenced to a bad conduct discharge (BCD). On 8 April 1996, you were discharged with a BCD, as a result of your court-martial conviction.
 
The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge and contention that you had a good performance record.  You state, you were informed that you would receive an OTH characterization of service.  Additionally, you reference box 4 of your drug and alcohol abuse statement of understanding.  The Board noted, box 4 of your signed acknowledgment of the Navy’s drug and alcohol abuse statement of understanding states, in part, in drug related cases action may include trial by court-martial.  

Further, your signed acknowledgment of the Navy’s drug and alcohol abuse statement of understanding states conviction by a court-martial of a drug related offense may lead to a punitive separation.  The Board noted you were sufficiently notified of the consequences of drug related misconduct.  Although your complete record was not available, the Board relies on a presumption of regularity to support the official actions of public officers and, in the absence of substantial evidence to the contrary, will presume that they have properly discharged their official duties.  The Board considered your contentions but concluded that the severity of your misconduct outweighed your current desire to upgrade your discharge. 

Regarding your contention about your service connected VA disability claim, there is no requirement or law that grants recharacterization solely on the issue of obtaining veterans benefits.  The Department of Veterans Affairs (VA) determines eligibility for post-service benefits, not this Board.  You should contact the nearest office of VA concerning your right to apply for benefits. If you have been denied benefits, you should 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,