DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S COURTHOUSE ROAD SUITE 1001 
ARLINGTON VA 22204-2490                                                                                                            
Docket No: 7696-19 
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 13 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 duty on 20 May 1985.  On 22 May 1985, you signed the US Navy policy on drug and alcohol abuse.  On 20 April 1990, nonjudicial punishment (NJP) was imposed on you for Dereliction of Duty.  On 7 June 1990, you were issued a retention warning for alcohol abuse.  On 14 July 1993, NJP was imposed on you for Wrongful Use of Marijuana.  On 16 July 1993, you were notified of administrative separation processing for misconduct due to drug abuse, evidenced by your 4 June 1993 positive urinalysis.  You consulted with counsel and requested an administrative board (ADB).  On 26 August 1993, an ADB convened.  The ADB found that you had committed drug abuse, and recommended separation with a General (under honorable conditions) characterization of service.  On 14 September 1993, your Commanding Officer concurred with the ADB’s findings and recommendations, and forwarded your case to the Chief of Naval Personnel.  On 27 September 1993, your discharge was approved with a General (under honorable conditions) characterization of service, and a Reenlistment code of RE-4.  You were so discharged from the Navy on 19 November 1993. 
 
You requested an upgrade of your discharge characterization and a change of the narrative reason.  You stated that you were discharged for alcohol abuse, but it was labeled drug abuse.  You also stated you were restricted from VA benefits and do not believe your mistakes were significant enough to withhold benefits.  The Board noted that the record shows you were properly notified of, and processed by an ADB for misconduct due to drug abuse.  Contrary to your contention, you were not discharged for alcohol abuse, and therefore, your DD 214 accurately reflects your narrative reason for separation (i.e., “MISCONDUCT – DRUG ABUSE”).  Consequently, the Board concluded these factors and assertions were not sufficient to warrant a change to your discharge characterization given your misconduct, which resulted in two NJPs, including one for Wrongful Use of Marijuana, and your ADB which fund that you committed misconduct due to drug abuse, and recommended separation with a General (under honorable conditions) characterization of service. 
 
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,