DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 0843-19 Ref: Signature date This letter 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 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 22 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, together with all material submitted in support thereof, relevant portions of your naval record, as well as applicable statutes, regulations, and policies. Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issues involved. Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. You enlisted in the Navy and began a period of active service on 30 July 1979. On 27 March 1980, you received non-judicial punishment (NJP) for wrongful possession and sale of hashish. On 23 July 1980, you received NJP for two specifications of disobeying a lawful order and one specification of using disrespectful language. From the period beginning on 23 October 1980 to 5 January 1981 you were counseled on three occasion regarding your misconduct. On 10 April 1981, you were notified of the initiation of administrative proceedings to separate you from the naval service by reason of misconduct-drug abuse. On 15 April 1981, you elected to be represented by counsel and have your case heard before an administrative discharge board (ADB). You were counseled again on 15 April 1981 and 7 May 1981 regarding your continued misconduct. On 17 May 1981, you underwent a drug dependence evaluation and were determined not drug dependent. On 18 May 1981, an administrative discharge board (ADB) convened and recommended your discharge with an other than honorable (OTH) characterization of service by reason of misconduct-drug abuse. On 11 June 1981, you received NJP for marijuana possession. On 2 July 1981, you requested early return to the civilian community while awaiting final action on your administrative discharge. Your request was approved that same day. On 21 July 1981, your commanding officer recommended your discharge by reason of misconduct-drug abuse with and OTH characterization of service. On 9 August 1981, the discharge authority approved and directed your discharge, effective 2 July 1981, with an OTH characterization of service by reason of misconduct-drug abuse. On 2 July 1981, you were so discharged. The Board carefully weighed all potentially mitigating factors, such your desire to upgrade your discharge and your contention that you request an upgrade to the characterization of your service due to service-connected disabilities that prevent you from gainful employment. However, the Board concluded that your discharge was appropriate based on the seriousness of your repeated drug-related misconduct. The Board noted that there is no provision in law or regulations that allows for re-characterization of a discharge due solely to the issue of obtaining Veterans benefits or employment. The Department of Veterans Affairs (DVA) determines eligibility for post-service benefits, not the Board. You may contact the nearest office of DVA 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, 2/11/2020