DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No: 0606-19 
Date: Ref Signature 

Dear ,

This is in reference to your application of 20 November 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 15 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, relevant portions of your naval record, and applicable statutes, regulations, and policies.
 
You reenlisted in the Navy and began a period of active service on 6 October 1981. On 23 November 1983, you received non-judicial punishment (NJP) for wrongful use of a controlled substance (marijuana).  On 18 June 1984, you received your second NJP for wrongful use of a controlled substance (marijuana).  As a result of the foregoing, on 25 June 1984, you were notified of the initiation of an administrative action to separate you from the naval service for misconduct-drug abuse.  On 9 July 1984, you waived your right to consult with counsel and your procedural rights.  On 30 September 1984, the discharge authority approved and directed your discharge.  On 12 October 1984, you were discharged with an other than honorable (OTH) characterization of service for misconduct-drug abuse.
 
The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge and contention you did your job in an outstanding manner, and you need assistance from veterans services.  The Board concluded that your discharge was appropriate based on the seriousness of your repeated drug related misconduct.  The Board believes that you are eligible for veterans’ benefits which accrued during your first period of service.  Whether or not you are eligible for benefits based on either period of service is a matter under the cognizance of the Department of Veterans Affairs (VA).  If you have been denied benefits, you may appeal that denial under procedures established by the VA.  

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,