Docket No: 5360-19 
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 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 1July 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, relevant portions of your naval record, and applicable statutes, regulations, and policies. 
 
You enlisted in the Navy on 28 July 1992.  On 24 November 1993, you received non-judicial punishments (NJP) for wrongful use of cocaine.  Subsequently, you were notified of an administrative action to separate you from the naval service for misconduct due to drug abuse.  You elected to consult with legal counsel and subsequently requested an administrative discharge board (ADB).  The ADB found that you committed misconduct due to drug abuse and recommended that you receive an other than honorable (OTH) discharge.  On 15 July 1994, a special court-martial (SPCM) convicted you of two specifications of unauthorized absence (UA) totaling 21 days, wrongful use of cocaine, and wrongful use of marijuana.  On 11 August 1994, the discharge authority concurred with the ADB and directed an OTH discharge by reason of misconduct.  On 20 October 1994, you were so discharged. 
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and contentions that you need Department of Veterans Affairs (DVA) benefits, had good evaluations, received accommodations, and you were a good seaman prior to making a mistake.  The Board also noted your contentions that you were not afforded treatment prior to discharge and you are currently enrolled in the Akami recovery program.  The Board concluded that your current characterization does not reflect an error or injustice that merits corrective action. 
 
Regarding your contention that you need DVA benefits, whether or not you are eligible for benefits is a matter under the cognizance of the DVA, and you should contact the nearest office of the DVA concerning your right to apply for benefits.  If you have been denied benefits, you should appeal that denial under procedures established by the DVA. Regarding your contention that you were not afforded treatment prior to discharge, the Board noted that the record contains documented evidence which is contrary to your contention.  The record shows that you elected to receive DVA outpatient treatment upon separation.  Regarding your contention that you are currently enrolled in the Akami recovery program, the Board noted while commendable, your post service conduct does not fully 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,