Docket No: 5872-19 
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, relevant portions of your naval record, as well as applicable statutes, regulations, and policies. 
 
You reenlisted in the Navy on 14 December 1979.  On 31 August 1983, you received non-judicial punishments (NJP) for wrongful use of a controlled substance (cannabinoids).  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 28 September 1983, you were discharged. 
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and contentions that your misconduct was the only time you got into trouble during your enlistment, other Sailors were given a general discharge or better for the same offence, your previous discharge was honorable, and you need Department of Veterans Affairs (DVA) benefits.  In this regard, the Board concluded that your violation of the Navy’s “Zero Tolerance” drug policy outweighs your desire upgrade your discharge. 
 
In regard to your contentions that your misconduct was the only time you got into trouble during your enlistment and your previous discharge was honorable, the Board noted that a Sailor’s service is characterized at the time of discharge based on performance during the current enlistment.  In regard to your contention that other Sailors were given a general discharge or better for the same offence, the Board noted that there is no evidence in your record, and you submitted none, to support your contention.  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. 
 
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,