Docket No: 564-19 
Ref: Signature Date 
 
 
Dear : 
 
This is in reference to your application of 14 December 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 7 January 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, and applicable statutes, regulations, and policies. 
 
You reenlisted in the Navy on 17 January 1984.  During the period from 1 February to 24 July 1986, you received two non-judicial punishments (NJP) for unauthorized absence (UA), disobeying a lawful order, and 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, specifically drug abuse, and recommended that you be separated with an other than honorable (OTH) characterization of service. 
 
The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge and contention that your OTH discharge was based on a single offense after years of faithful service in the Air Force and the Navy.  You contend that you received the National Defense Service Medal (NDSM) and the Navy Good Conduct Medal (NGCM), that the policy on drug use has changed since you were discharged, that you retired from  , and that you would like your total service to be considered in order not to lose your Department of Veterans Affairs (VA) benefits.   
 
The Board concluded that there was material error or injustice in your case.  Regarding your contentions that your OTH discharge was based on a single offense after years of faithful service in the Air Force and the Navy and you received the NDSM and the NGCM.  The Board noted that you had two NJPs within the current enlistment and a Sailor’s service is characterized at the time of discharge based on performance during the current enlistment.  Regarding your contention that the policy on drug use has changed since you were discharged, the Board noted that the Navy’s “Zero Tolerance” drug policy is currently still in effect and no changes have been made to the policy.  Regarding your contention that you retired from , the Board noted that, while commendable, your post service conduct does not excuse your conduct while enlisted in the Navy or the basis for your discharge.  Regarding your contention that you would like your total service to be considered in order not to lose your VA benefits, whether or not you may lose your VA benefits is a matter under the cognizance of the VA, and you should contact the nearest office of the VA concerning your right to maintain your 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.