DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 342-19 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 17 December 2019. 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 19 February 1986. On 25 Oct 1986, you received non-judicial punishment (NJP) for wrongful possession of a controlled substance and wrongful possession of drug paraphernalia. Subsequently, you were notified of pending administrative separation action by reason of misconduct due to drug abuse. After you waived your 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 directed separation under other than honorable conditions by reason of misconduct. On 19 November 1986, you were discharged. The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and your contentions that you were a teenager straight out of high school when discharged, that it was 32 years ago, you do not do drugs now, and you need Department of Veterans Affairs (DVA) benefits. In this regard, 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 were a teenager straight out of high school when discharged, the Board noted that the evidence of record did not show that you were not responsible for your conduct or that you should not be held accountable for your actions. In regard to your contention that you were discharged 32 years ago, the Board noted that there is no provision in law or regulations that allows for re-characterizing a discharge automatically after 32 years, due solely to the passage of time. In regard to your contention that you would like VA benefits, whether or not you are eligible for VA benefits is a matter under the cognizance of the VA, and you should contact the nearest office of the DVA 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,