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

Docket No: 3889-19 
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 18 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.
 
You enlisted in the Navy and began a period of active service on 27 June 1984. On 3 July 1984, you were briefed on the Navy’s drug and alcohol abuse policy.  On 5 February 1986, you received non-judicial punishment (NJP) for wrongful use of cocaine.  On 22 May 1986, you received summary court-martial (SCM) for wrongful use of cocaine.  On 21 June 1986, the separation authority approved and directed your discharge.  On 2 July 1986, 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 and contention that you suffered from the disease of addiction and chemical dependency.  You contend that not as much was known about addiction when you were in the service, and just like other diseases, it required treatment.  Without that treatment, you continued to use drugs. The Board also reviewed your personal statement, certificates, and other material you submitted with your application.  The Board commends your desire to help other addicts in the future, however, after careful consideration of your contentions, the Board did not find evidence of an error or injustice that warrants upgrading your characterization of service. 

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,