Docket No: 5684-19 
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 15 July 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 22 September 1986.  During the period from 6 April 1987 to 1 May 1989, you received three non-judicial punishments for wrongful use of controlled substance, assault, possession of a concealed weapon, conduct unbecoming, and wrongful use and possession of marijuana.  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 13 October 1989, you were discharged. 
 
The Board carefully weighed all potentially mitigating factors, such as your resume, character letters, information from UAMS medical center, certificates, your desire to upgrade your discharge and contentions that you were young, confused, flustered, made bad decisions, and self-medicated due to struggling with survivor’s guilt.  The Board also noted your contentions that you are a single parent, worked as a certified youth counselor and chief, and you need Department of Veterans Affairs (DVA) benefits to help with your medical issues.  In this regard, the Board concluded that your misconduct outweighs your desire upgrade your discharge. 
 
In regard to your contention that you were young, confused, flustered, and made bad decisions, the Board noted that your record clearly reflected your misconduct and the evidence of record did not show that you were not responsible for your conduct.  In regard to your contention that you self-medicated due to struggling with survivor’s guilt, the Board noted that there is no evidence in your record, and you submitted none, to support your contention.  In regard to your contention that you are a single parent, who worked as a certified youth counselor and chief, the Board noted while commendable, your post service conduct does not excuse your conduct.  Regarding your contention that you need benefits from the Department of Veterans Affairs (DVA) to help with your medical issues, you are advised that your eligibility 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 may be able to appeal that denial under procedures established by the DVA. 
 
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,