Docket No: 3754-19 
Ref: Signature Date 


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 12 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 on 3 September 1980.  On 27 September 1982, civil authorities convicted you of obtaining Hycodan syrup by fraud.  You were sentenced to two years of probation and a $250.00 fine.  On 10 February 1983, you received non-judicial punishment (NJP) for use and possession of marijuana.  On 22 August 1983, you received a psychiatric evaluation, which diagnosed you with a personality disorder with immature and dependent features.  On 21 October 1983, you were removed from a drug rehabilitation program due to a positive urinalysis.  Subsequently, you were notified of pending administrative separation action by reason of misconduct due to drug abuse/personality disorder.  After you waived your rights, your commanding officer (CO) recommended discharge under other than honorable (OTH) conditions by reason of misconduct due to drug abuse/personality disorder.  On 27 January 1984, you were in a UA status for four days and missed ship’s movement.  On 1 February 1984, the discharge authority approved your CO’s recommendation and directed separation under other than honorable conditions by reason of misconduct due to drug abuse.  On 10 February 1984, you were discharged. 

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and contentions that you intentionally failed a urinalysis in order to return home to save your marriage, you had six months left to complete a four-year enlistment, and you would like to use your naval service to qualify for burial benefits.  In this regard, the Board concluded that your misconduct and violation of the Navy’s “Zero Tolerance” drug policy outweighed your desire to upgrade your discharge. 

In regard to your contention that you intentionally used drugs in order to return home to save your marriage, the Board noted that this does not justify violating the Navy’s “Zero Tolerance” drug policy.  The Board also noted that the record shows that you were notified of and waived your right to present your case to an administrative discharge board (ADB). In doing so, you gave up your first and best opportunity to advocate for retention or a more favorable characterization of service.  In regard to your contention that you had six months left to complete a four-year enlistment, the Board noted that a Sailor’s service is characterized at the time of discharge based on performance during the current enlistment.  Regarding your contention that you would like to use your naval service to qualify for burial benefits, the Board noted whether you are eligible for burial benefits is a matter under the cognizance of the National Cemetery or your local cemetery and you should contact the nearest office of choice concerning your right to apply for this benefit. 

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.