Docket No: 3812-19 
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 4 June 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. 

On 17 December 1990, you reenlisted in the Navy.  On 6 March 1991, you were counseled regarding the Navy’s policy on drug and alcohol abuse.  On 17 June 1991, you received non­judicial punishment (NJP) for wrongful use of a controlled substance-cocaine.  On 18 June 1991, you were notified of the initiation of administrative separation proceedings by reason of misconduct-drug abuse, at which point, you waived your right to consult with counsel and your procedural rights.  On 19 June 1991, your commanding officer recommended your discharge by reason of misconduct-drug abuse.  On 3 July 1991, the discharge authority approved and directed your discharge.  You went on a period of unauthorized absence from 12 July 1991 until your surrender on 15 July 1991.  On 17 July 1991, you were discharged with an other than honorable (OTH) characterization of service by reason of misconduct-drug abuse. 

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge, your contention that you were held to the highest standard serving aboard a nuclear submarine, and your request for medical benefits for injuries you sustained onboard your boat.  The Board considered your contentions but concluded that the severity of your drug related misconduct outweighed your current desire to upgrade your discharge. 

There is no requirement in law or Navy regulation that grants an upgrade in the characterization of service solely based on the issue of obtaining veterans benefits.  The Department of Veterans Affairs (VA) determines eligibility for post-service benefits, not the Board.  You should contact the nearest office of the VA concerning your right to apply for benefits. 

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.