Docket No: 3293-19 
Ref: Signature Date 
 
  
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 26 May 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 and began a period of active duty on 5 August 1983.  On 20 November 1984, you went absent without authorization (UA) and did not return to military control until 18 December 1984.  On 26 December 1984, you received nonjudicial punishment (NJP) for wrongful use of cocaine and for the period of UA from 20 November to 18 December 1984.  On 8 January 1985, you received a second NJP for wrongful use of cocaine.  On 9 January 1985, following an evaluation, the Counseling and Assistance Center found that you appeared to be dependent on illicit substances and recommended separation as soon as possible.  The recommendation from the Counseling and Assistance Center indicates that Veterans Affairs (VA) benefits were explained to you should you decide to seek assistance in the future.  On 16 January 1985, you were evaluated by Medical and disclosed that you were currently using cocaine three times per week and would use it daily if you could afford it.  On 17 January 1985, you were notified of administrative separation proceedings against you on the basis of misconduct due to drug abuse and waived your right to appear before an administrative separation board.  On 15 March 1985, you were discharged from the Navy on the basis of misconduct due to drug abuse, and received an other than honorable characterization of service and a reentry (RE) code of RE-4. 
 
In your petition to the Board, you ask for an upgrade to your other than honorable characterization of service.  You contend that you should not have received the other than honorable characterization because you were suffering from the disease of drug abuse.  You assert that the drug addiction was not misconduct. 
 
The Board, in its review of your entire application, carefully weighed all potentially mitigating factors, including your claim that you were struggling with a drug addiction during your time in the Navy.  The Board noted that your record indicates that before you were discharged, you were evaluated by both the Counseling and Assistance Center and Medical and found to be using and dependent on illicit substances.  Even in consideration of your struggles with controlled substances, the Board found that you violated the Uniform Code of Military Justice when you wrongfully used cocaine while on active duty.  The Board concluded that the seriousness of your misconduct is not overcome by the fact that you struggled with drug abuse while in the Navy.  The Board determined that your other than honorable discharge was supported by your two NJPs, and that you were afforded the appropriate evaluations prior to your discharge.  Furthermore, the Board noted that the 9 January 1985 letter from the Counseling and Assistance Center indicates that you were appropriately counseled about VA benefits if you wished to receive care in the future.  The Board found that your other than honorable discharge was executed without error or injustice and does not merit corrective action. 
 
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, 
 6/16/2020