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

Docket No: 0414-19 
Ref: Signature Date 

Dear Mr. : 
 
This is in reference to your application of 29 October 2018 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 that 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, and applicable statutes, regulations, and policies. 
 
You enlisted in the Navy and started a period of active duty on 15 July 1982.  During the period from 26 March 1984 to 13 July 1985, you received two non-judicial punishments (NJP) for wrongful use of marijuana.  Subsequently, you were notified of an administrative action to separate you from the naval service for misconduct due to drug abuse.  You waived your right to consult with counsel and to present your case to an administrative discharge board (ADB).  Your commanding officer (CO) recommended separation with an other than honorable (OTH) characterization of service for misconduct due to drug abuse.  On 19 July 1985, you received a medical evaluation, which determined you were not drug dependent, and recommended you receive counseling and participated in command urinalysis.  On 13 August 1985, the discharge authority approved your CO’s recommendation and directed separation under other than honorable conditions by reason of misconduct.  On 30 August 1985, you were so discharged. 
 
The Board carefully weighed all potentially mitigating factors in your case, including your character letters, your desire to upgrade your discharge and contention that you were not offered any professional help with your drug and alcohol problem prior to discharge.  The Board also considered your contentions that you have back pain issues, you were young, you were under stress, and you have been clean and sober for 24 years. 
 
Regarding your contention that you were not offered any professional help with your drug and alcohol problem prior to discharge, the Board noted that the record contains evidence which is contrary to your contention.  The record shows that on 2 June 1984, you were afforded the opportunity to rehabilitate yourself after testing positive by attending Level I and Level II rehabilitation treatment.  The Board also noted that on 19 July 1985, you received a medical evaluation that determined you were not drug dependent. Regarding your contention that you were young when you enlisted, 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. Regarding your contention that you have back pain issues, whether or not you are eligible for Department of Veterans Affairs (VA) benefits to treat your back pain issues is a matter under the cognizance of the VA, and you should contact the nearest office of the VA concerning your right to apply for benefits.  If you have been denied benefits, you should appeal that denial under procedures established by the VA. 
 
Regarding your contention that you were under stress and afraid, the Board noted that there is no evidence in your record, and you submitted none, to support your contention.  The Board also noted that the record shows that you were notified of and waived your right to present your case to an ADB.  In doing so, you gave up your first and best opportunity to advocate for retention or a more favorable characterization of service.  Regarding your contention that you have been clean and sober for 24 years, the Board noted that while commendable, your post service conduct does not sufficiently mitigate your conduct while enlisted in the Navy or the basis for your discharge. 
 
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,