Docket No: 4689-19 

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 9 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 on 11 July 1977. During the period from 7 April 1978 to 15 August 1978, you received four non-judicial punishments (NJP) for three specifications of possession of marijuana, being present in a place where controlled substance were present, and unauthorized absence (UA) for one day.  On 24 July 1978, you were admitted to the Navy Drug Rehabilitation Center (NDRC).  During treatment, you admitted to using marijuana, LSD, PCP, and cocaine for a period of two years.  It was also noted that you were negative and expressed a lot of anger and denial in responsibility.  As a result, you were not recommended for retention in the Navy.  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 discharge under other than honorable (OTH) conditions 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 17 August 1978, you were discharged. 

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and contention that you did not receive the help you were promised after voluntarily entering the rehabilitation center.  The Board also noted your contentions that you were discharged under false pretense, you never saw a doctor or physician during rehabilitation, the technicians at the rehabilitation center were only interested in selling drugs, and you were told you would receive a general discharge. 

In regard to your contention that you did not receive the help you were promised after voluntarily entering the rehabilitation center, the Board noted that the record contains documented evidence which is contrary to your contention.  The record shows that during your treatment at the NDRC, you were negative and expressed a lot of anger and denial in responsibility, and, as a result, you were not recommended for retention in the Navy.  Regarding your contentions that you were discharged under false pretense, you never saw a doctor or physician during rehabilitation, the technicians at the rehabilitation center were only interested in selling drugs, and you were told you would receive a general discharge, the Board noted that there is no evidence in your record, and you submitted none, to support your contentions.  The Board also noted that the record shows that you were notified of and waived your right to present your case to an administrative 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 its review, the Board found no evidence of error or injustice that warrants an upgrade in the characterization of your 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.