Docket No.5759-19 
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 22 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 and began a period of active service on 29 June 1985.  On 12 June 1986, you received non-judicial punishment (NJP) for unauthorized absence (UA).  On 6 April 1987, you received NJP for wrongfully using alcohol aboard a naval vessel, and assault.  On 30 October 1987, you received NJP for UA, and wrongful use of a controlled substance.  As a result of the foregoing, on 27 November 1987, you were notified of the initiation of administrative separation processing by reason of misconduct due to the commission of a serious offense, and misconduct due to drug abuse.  On 30 November 1987, you waived your procedural rights, including your right to an administrative board (ADB).  On 6 December 1987, the discharge authority approved and directed your discharge.  On 14 December 1987, you were discharged with an other than honorable characterization of service by reason of misconduct-drug abuse. 
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge as a matter of clemency.  You apologize for your behavior, and contend you are currently enrolled in a drug and alcohol rehabilitation program, and have completed six months of the program thus far.  The Board reviewed all materials submitted with your application, and commend your post-service conduct and efforts toward continued sobriety.  Notwithstanding, the Board concluded that the severity of your misconduct outweighs your current desire to upgrade your discharge.  The Board noted 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. 
 
There is no requirement in law or Navy regulation that grants an upgrade in the characterization of service solely based on the issue of obtaining veterans benefits.  The Department of Veterans Affairs (VA) determines eligibility for post-service benefits, not the Board.  You should contact the nearest office of the VA concerning your right to apply for 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.

Sincerely,